EEOC Filing Deadlines: 180, 300, and 45-Day Rules

The familiar 180-day, 300-day, and 45-day employment discrimination periods apply to different procedures. Private-sector charges generally follow the EEOC charge rules, while federal employees usually begin with their agency’s EEO counselor. Identify the employer and legal claim before calculating a deadline. [1] [2]

Private-sector charges: the usual 180 and 300-day rules

The ordinary charge period is 180 days from the discriminatory act. It can extend to 300 days where a qualifying state or local agency enforces a law prohibiting the same kind of discrimination. Age-discrimination extensions have their own requirements. Do not assume that every state automatically provides the longer period for every claim. [1]

Each discrete action can have its own clock. An older demotion is not necessarily revived by a later discharge or by ongoing discussions with management. Harassment and compensation claims can involve additional rules that should be checked for the actual facts.

Federal employees: the counseling step

Federal-sector complainants generally must contact an EEO counselor within forty-five days of the alleged discrimination or relevant personnel action. The agency process then has additional stages, notices, and deadlines. Contacting the private-sector EEOC charge portal should not be assumed to complete the agency counseling requirement. [2]

Keep the date of the event, date of contact, counseling notice, and any formal complaint. Extensions or other exceptions require an actual legal basis; personal uncertainty about whether to complain does not automatically stop the clock.

A charge deadline is not a lawsuit deadline

The administrative filing period and a later court filing period are separate. For many claims, a right-to-sue notice starts a ninety-day court period, while some statutes use different procedures. Equal Pay Act claims also have different requirements from the ordinary charge-first model. [3]

  • Record every challenged action and its date.
  • Confirm whether an inquiry became a signed charge or formal complaint.
  • Preserve notices and receipt evidence.
  • Check whether a state filing was properly dual-filed.

Internal grievances, mediation, and settlement discussions do not automatically suspend all deadlines. Where dates are close, obtain a clear account of the governing procedure and complete the required filing rather than assume that discussing the problem with someone counts as filing it. [1] [2]

Related questions

See How to File a Federal Discrimination Lawsuit and the EEOC charge-to-court process.

Primary sources

  1. Time Limits For Filing A Charge | U.S. Equal Employment Opportunity Commission
  2. Overview Of Federal Sector EEO Complaint Process | U.S. Equal Employment Opportunity Commission
  3. EEOC: Filing a Lawsuit

Sources checked: October 31, 2026.