All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court.
However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.
Typically, I can meet with a prospective client and discuss with them the validity of the case and even help them with this first step. Once we receive the right to sue letter, or after a period of time has elapsed and the investigation has not completed we can request the right to sue letter, then we can file suit on that client's behalf.
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