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What is the federal statute of limitations for filing a discrimination and/or harassment lawsuit?

Ramon Martin • April 28, 2023

The federal statute of limitations for filing a discrimination and/or harassment lawsuit depends on the specific federal law that governs the type of discrimination or harassment alleged. The statute of limitations is the timeframe within which a lawsuit must be filed, and if the lawsuit is not filed within that timeframe, the claim may be barred and unable to be pursued in court. Here are some examples of federal laws related to discrimination and harassment, along with their statute of limitations:


 Title VII of the Civil Rights Act of 1964: Title VII prohibits discrimination based on race, color, religion, sex, or national origin in employment. The statute of limitations for filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), which is a prerequisite for filing a Title VII lawsuit, is generally 180 days from the date of the alleged discriminatory act. However, in states with their own fair employment practices agencies (FEPA), the deadline may be extended to 300

days. Additionally, if the discrimination is based on an ongoing policy or practice, the statute of limitations may be extended.


 Age Discrimination in Employment Act (ADEA): The ADEA prohibits discrimination against individuals who are 40 years of age or older in employment. The statute of limitations for filing an ADEA charge with the EEOC is generally 180 days, but it can be extended to 300 days in states with their own FEPA.


Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in employment. The statute of limitations for filing an ADA charge with the EEOC is generally 180 days, but it can be extended to 300 days in states with their own FEPA.

 

Equal Pay Act (EPA): The EPA prohibits sex-based wage discrimination between men and women who perform jobs that require substantially equal skill, effort, and responsibility. The statute of limitations for filing an EPA lawsuit is generally 2 years from the date of the alleged violation, or 3 years if the violation is willful.


Genetic Information Nondiscrimination Act (GINA): GINA prohibits discrimination based on genetic information in employment. The statute of limitations for filing a GINA charge with the EEOC is generally 180 days, but it can be extended to 300 days in states with their own FEPA.

 

It's important to note that these are general guidelines and the specific statute of limitations may vary depending on various factors, including the location of the alleged discrimination, the type of claim, and other circumstances. It's recommended to consult with an employment law attorney or contact the EEOC or relevant state agency for specific guidance on the statute of limitations for filing a discrimination and/or harassment lawsuit under federal law.

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