Most federal workplace discrimination claims require an EEOC charge before a lawsuit. The correct procedure depends on the statute and whether the employee works for a federal agency. [1]
Start with the charge requirement
For many private-sector claims the charge period is 180 days, extended to 300 days in qualifying jurisdictions. Federal employees generally begin with an agency EEO counselor and a different timetable. Equal Pay Act and age-discrimination claims have procedural differences. [2]
An online inquiry is not necessarily a filed charge. Confirm what EEOC accepted and keep the charge and notices. [2]
Move from the agency to court carefully
A right-to-sue notice commonly starts a ninety-day filing period for the claims it covers. Identify the correct court, defendants, legal claims, and relief, and follow service requirements. [1]
Preserve termination records, messages, comparators, and loss calculations. Settlement discussions do not automatically pause a filing deadline. A lawsuit must allege the elements of the claim, not simply attach the EEOC complaint and assume the court will investigate it. [2]
Practical application
Treat each challenged employment action as a dated event. A discharge, earlier demotion, and later retaliation can raise different timeliness questions. Keep the right-to-sue notice and evidence of when it was received. Before filing in court, identify which allegations were presented to the agency and which statute supplies the claim. A state-law claim may follow a different administrative and court route. [2]
Agency review and court proof are different
A right-to-sue notice gives the specified procedural opportunity; it does not prove the employer violated the law. The complaint and later evidence must support the legal claim. Identify the protected status or activity, adverse action, responsible parties, and facts connecting the action to discrimination or retaliation. Remedies can depend on the statute, employer size, proven loss, and other limitations. Filing fees and service duties also remain unless waived or otherwise addressed. A claimant should therefore use the administrative record as useful evidence while preparing the separate requirements of the federal case. [1] [2]
Related questions
Related guidance: the EEOC charge-to-court process and EEOC Filing Deadlines: 180, 300, and 45-Day Rules.
Primary sources
- Filing a Lawsuit | U.S. Equal Employment Opportunity Commission
- Time Limits For Filing A Charge | U.S. Equal Employment Opportunity Commission
Sources checked: October 31, 2026.