EEOC Deadlines: 180 vs 300-Day Rule
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 File • EEOC 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
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
- Time Limits: https://www.eeoc.gov/time-limits
- Portal: https://www.eeoc.gov/filing
- Federal Sector EEO: https://www.eeoc.gov/federal-sector/overview-federal-sector-eeo-complaint-process
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.
