Employment Law Aid

EEOC Deadlines: 180 vs 300-Day Rule (2026)

Updated 2026-11-10
Fact Checked

Quick Answer

Don't miss your EEOC filing deadline. Learn whether you have 180 or 300 days, how your state's agency affects the deadline, and exceptions that may extend your time.


Missing a deadline can end a case before it starts. Here’s how EEOC time limits work and what can extend the window.

The Basics

  • File within 180 days of the discriminatory act
  • You may have 300 days if a state/local FEPA also covers the claim
  • Certain federal employee claims use a different, shorter process

How State Laws Affect Deadlines

  • In many states, filing with one agency dual-files with the other
  • The presence of a FEPA can extend the deadline to 300 days

Related: How to FileEEOC Offices

Special Situations

  • Ongoing harassment: the clock may run from the last incident
  • Retaliation after a charge: you can often amend your existing charge
  • Federal employees: separate, shorter EEO timelines

Strict Deadlines Apply to Your Claim

Employment claims have firm filing deadlines--for many discrimination claims, as little as 180 days. Don't risk losing your rights; find out your timeline today.

Preserving Your Rights

  • File as soon as possible—even if you’re still collecting evidence
  • Keep your contact info updated with the EEOC portal
  • Document every incident and witness while memories are fresh

FAQs

  • What if I’m close to 180 days? File now, you can supplement later
  • Do weekends/holidays matter? Deadlines are calendar-based; don’t cut it close

Federal Employees (Different Process)

  • Contact an EEO Counselor within 45 days of the discriminatory act.
  • See the federal sector EEO process for exact steps and deadlines.

FAQs

  • Does each incident restart the clock? For discrete acts (e.g., termination), the clock runs from that act. For a hostile environment, the clock may run from the last act.
  • Do state laws change federal deadlines? Work-sharing with a FEPA may extend to 300 days; always verify your state.

Sources


Disclaimer: This page provides general information, not legal advice. Laws change and vary by state. Consult a licensed employment attorney for advice about your situation.

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Frequently Asked Questions

What are the Basics?
File within 180 days of the discriminatory act You may have 300 days if a state/local FEPA also covers the claim Certain federal employee claims use a different, shorter process
How State Laws Affect Deadlines?
In many states, filing with one agency dual-files with the other The presence of a FEPA can extend the deadline to 300 days Related: How to File • EEOC Offices
What is special Situations?
Ongoing harassment: the clock may run from the last incident Retaliation after a charge: you can often amend your existing charge Federal employees: separate, shorter EEO timelines
What is preserving Your Rights?
File as soon as possible—even if you’re still collecting evidence Keep your contact info updated with the EEOC portal Document every incident and witness while memories are fresh
What is federal Employees (Different Process)?
Contact an EEO Counselor within 45 days of the discriminatory act. See the federal sector EEO process for exact steps and deadlines.

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.