Filing Deadlines: The 180/300 Day Rule You Need to Know

If you're considering filing a discrimination complaint, strict deadlines apply. Missing these deadlines can mean losing your right to pursue a claim entirely. This article provides general information about common filing deadlines.

Deadlines are not flexible. The law takes filing deadlines seriously, and so should you. Don't wait until you're certain, consult an attorney while you still have time.

The Basic 180/300 Day Rule

To file a charge with the EEOC(definition available), you generally must file within either 180 or 300 days of the discriminatory act, depending on where you work.

180 Days

This shorter deadline applies if you work in a state or locality that does not have its own fair employment practices agency (FEPA) that enforces laws prohibiting disability discrimination.

300 Days

This extended deadline applies if you work in a state or locality that has a FEPA. Most states have such agencies, so the 300-day deadline applies to most workers.

However, confirm which deadline applies in your location.

When Does the Clock Start?

The deadline typically runs from the date of the discriminatory act, which can be complicated to determine:

For discrete acts: The clock starts from each specific discriminatory act (termination, denial of accommodation, demotion, etc.).

For ongoing situations: If discrimination is ongoing, the deadline may run from the most recent act.

For hostile work environment: The deadline may run from the last act that's part of the hostile environment, potentially bringing earlier acts within the filing period.

Determining exactly when the clock starts can be complex. An attorney can help you understand which events trigger which deadlines.

Other Deadlines to Know

Right-to-Sue Deadline

Once you receive a right-to-sue letter from the EEOC, you have 90 days to file a lawsuit in federal court. This is a strict deadline.

State Agency Deadlines

State civil rights agencies may have their own deadlines, which can differ from federal deadlines. Some are shorter; some are longer. Check with your state agency or an attorney.

State Court Deadlines

If you're filing a lawsuit under state law, statutes of limitations vary by state and can range from one to several years. These deadlines are separate from EEOC deadlines.

Why These Deadlines Matter

Filing deadlines are strictly enforced:

• If you miss the deadline, you may lose the right to file a charge or lawsuit entirely
• Courts generally don't extend these deadlines except in very limited circumstances
• Your employer may raise the missed deadline as a defense, even if discrimination clearly occurred
• Time can pass quickly while you're trying to resolve issues internally or deciding what to do

Common Mistakes to Avoid

Waiting to see if things improve. While you're hoping for resolution, the clock is running.

Assuming internal processes pause deadlines. Filing an internal HR complaint generally does not stop the EEOC deadline.

Not knowing which deadline applies. If you're unsure whether you have 180 or 300 days, act as if you have the shorter deadline.

Counting from the wrong date. Different acts may have different deadlines. Consult an attorney to understand your timeline.

Protecting Your Rights

To protect yourself:

Note key dates. Record when discriminatory acts occurred, when you filed requests, when denials happened.

Consult an attorney early. Don't wait until the deadline is imminent. An attorney can help you understand your timeline and options.

When in doubt, file. If you're unsure whether to file and the deadline is approaching, it may be better to file and later withdraw than to miss the deadline entirely. But consult an attorney first if possible.

Keep documentation. Even if you're not sure about filing, maintaining records preserves your options.

What This Means for You

Filing deadlines are not flexible. If you're considering pursuing a discrimination claim, be aware of these time limits from the beginning. Consulting with an attorney early, well before any deadline, gives you the best chance of understanding and protecting your options.

This article provides general information, but deadlines vary based on your location, your employer, the type of claim, and other factors. An attorney in your jurisdiction can tell you exactly which deadlines apply to your situation.

Next Steps

When Should I Talk to an Employment Attorney?: Getting professional help

When Should I File an EEOC Complaint?: Deciding whether filing is right for you

What Legal Protections Exist If My Request Is Denied?: Understanding your rights

Free and Low-Cost Legal Help for Workplace Discrimination: Resources if cost is a concern

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Disclaimer: This article provides general information about filing deadlines and is not legal advice. Deadlines vary by jurisdiction, type of claim, and specific circumstances. Do not rely on this article to calculate your deadlines. Consult with a qualified employment attorney in your state to determine exactly which deadlines apply to your situation.