Time Limits for Bringing an ADEA Claim

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Is There a Time Limit for Filing an Age Discrimination Claim?

Yes, there is a time limit for filing an age discrimination claim. It is extremely important that you file your claim before the deadline. The reason is that unless there is a very good reason why you delayed filing your claim it will be dismissed if the time limit has expired.

What’s the Timeline in Filing an ADEA Claim?

Before you file a claim against your employer under the Age Discrimination Employment Act (ADEA), you must report your employer’s conduct to the Equal Employment Opportunity Commission (EEOC). The EEOC will review the allegations, and, if it finds that the employee has a case, it will then issue a "right-to-sue" letter to the employee.

After a claim has been filed with the EEOC, you may file a lawsuit anytime after 60 days have passed from the time you filed your claim with the EEOC. However, you cannot file a lawsuit later than 90 days after you receive a letter that the EEOC has concluded its investigation.

What’s the Deadline for Filing a Claim in State Court?

Most states have their own anti age discrimination laws and their own agencies that are similar to the EEOC. Receiving a "right to sue" letter from a state agency triggers the right to sue in state court. You have to look to your own state laws in order to determine the time limit for filing suit. However, triggering a state claim has no effect on your federal case.

Do I Need a Lawyer?

It is important to consult with a lawyer before filing suit. An experience employment lawyer will be able to walk you through the filing process and inform you of any important deadlines or requirements you must meet.

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Last Modified: 10-17-2013 11:09 AM PDT

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