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 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

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.