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Time Limits for Bringing an ADEA Claim
Filing an age discrimination claim in a timely manner is extremely important. Unless there is a very good reason for delaying the filing of a case, it will be dismissed if the time limit has expired. Before filing a claim against an employer under the Age Discrimination in Employment Act (ADEA), the employer’s conduct must be reported to the Equal Employment Opportunity Commission (EEOC). The EEOC will review the allegations, and, if it finds that the employee has a case, will send a “right-to-sue” letter.
After receiving this letter, the employee has 90 days to file a lawsuit. This time limit is only triggered by a letter from the EEOC, a federal agency. Most states have their own anti-discrimination laws, and agencies which are a lot like the EEOC. Receiving a “right-to-sue” letter from a state agency triggers the right to sue in state court, and whatever time limit that the state has established, but it has no effect on the employee’s federal case.
This limitations period also applies if the claim is dismissed by the EEOC, or otherwise terminated.
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