Insights

Filing With the EEOC: Deadlines, the Process, and Your Right-to-Sue Letter

Before you can bring many federal discrimination claims to court, you usually have to file a charge with the Equal Employment Opportunity Commission. Miss the deadline and you can lose the claim entirely, no matter how strong it is. Understanding the process and the timing protects your rights.

Deadlines you cannot ignore

For federal claims under Title VII, the ADA, and the ADEA, you generally have 300 days from the discriminatory act to file a charge in states like New Jersey and New York that have their own enforcement agencies. The clock starts on the date of the act, such as the firing or the demotion. These deadlines are short, and courts enforce them strictly.

How filing works

You submit a charge describing what happened and who was responsible
The EEOC notifies your employer and may request a response
The agency may investigate, request documents, or offer mediation
The process can resolve through settlement, a finding, or a closure

The right-to-sue letter

In most cases you cannot file a federal lawsuit until the EEOC issues a notice of right to sue. Once you receive it, you typically have only 90 days to file your case in court. That window is unforgiving, so the letter should prompt immediate action rather than delay.

State law can be different

Claims under the New Jersey Law Against Discrimination do not require an EEOC charge first and carry a longer window, generally two years, to file in court. That means you may have options even if a federal deadline has passed. An attorney can identify which laws still protect you.

Act early

Because the deadlines are tight and the choices matter, talk to an employment attorney as soon as you suspect discrimination. Filing correctly and on time preserves every avenue available to you.

At John J. Zidziunas & Associates, LLC, our employment attorneys represent workers across New Jersey and the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. If you believe your rights at work have been violated, call us at (973) 509-8500 or contact us to set up a free consultation. We represent employees on a contingency fee basis.

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