You need your “ticket” to go to court under most of these laws. This ticket is called an Equal Employment Opportunity Commission (EEOC) Right to Sue Letter. This letter tells the courts you have exhausted your administrative remedies and can file a complaint in federal court.
To obtain a Right to Sue Letter, you must file a “charge” with the EEOC. The time limit (statute of limitations) to submit this charge is 180 days of the last act of discrimination or harassment. In states where there are similar state laws, the time limit increases to 300 days.
If you are filing a suit against a state or government-run employer, the statute of limitations stays 180 days.
The Derek Smith Law Group handles cases in Pennsylvania, New York, New Jersey, Florida, and California. In these states, the statute of limitations to file with the EEOC is 300 days.
The EEOC will investigate the case within 180 days. After 180 days, they must issue a Right to Sue letter, confirming you have exhausted your administrative remedies. After receipt of the letter, you have a time limit of 90 days to file your complaint in federal court.
Statute of Limitations Chart for Federal, State, and City Courts
| Statute of Limitations |
Jurisdiction |
| 300 days |
EEOC for federal claims in states with similar state laws. Must file with EEOC to obtain a right to sue letter. The EEOC has 180 days to issue the Right to Sue. |
| 180 days |
EEOC for government defendants such as federal or state government employers. Also applies to states without similar anti-discrimination laws. |
| 90 days |
Federal Court. Can file your EEOC lawsuit 90 days after receiving a Right to Sue letter. |
| 4 years |
Federal court for 1981 violations. No need for a Right to Sue |
| 60 days |
ADEA. Your case must sit with the EEOC for 60 days before you file a complaint in federal court for ADEA violations. No Right to Sue needed |
| Two years |
Equal Pay Act and Fair Labor Standards Act statute of limitations to file directly in federal court. No Right to Sue needed. |
| Three Years |
EPA and FLSA if the violation were willful |
| 10 years |
Sex Trafficking Statute. No Right to Sue needed to file a complaint in federal court. |
| 3 Years |
New York State and New York City Statute of Limitations to file lawsuits of discrimination in court. No Right to Sue needed. |
| 5 Years |
NYS Sexual assault cases. No Right to Sue Needed. |
| 7 years |
NYS Victims of Gender-Motivated Violence Protection Act. NO Right to Sue Needed. |
| Age 55 |
NYS Child Victims Act provides victims of child sexual assault time to file a lawsuit until they reach age 55. No Right to Sue needed. |
| Two Years |
NJLAD Statute of Limitations for State cases in NJ. No right to sue is needed. |
| 180 days |
Pennsylvania Human Relations Commission Statute of Limitations. |
| 300 Days |
Philadelphia Commission of Human Relations statute of limitations |
| 1 year |
Florida Commission of Human Relations Statute of Limitations |
| 3 Years |
Department of Fair Employment and Housing in California statute of limitations for incidents occurring after January 1, 2019 |
| 2 years |
California sexual assault cases can be file directly with the court. No Right to Sue needed. |
| 1 year |
DFEH public accommodations claims. |
What Are the Exceptions to Filing an EEOC Charge?
As with any legal question, there is always an exception to the rule. EEOC charges are not the only avenue to get your complaint to federal court.
Several laws do not require EEOC filings:
1. 42 U.S.C. 1981. Section 1981 prohibits race discrimination in the workplace. 1981 provides a statute of limitations of four years.
The Right to Sue letter is not required, and the EEOC is not involved in the process. You file directly in the Federal Court.
Race may apply to, but are not limited to, the following terms:
- Asian
- Caucasian
- African American
- Latino
- Indian
- Arab Americans
2. ADEA. The ADEA requires you to submit your charge to the EEOC. However, if the charge is under investigation after 60 days, you may bypass the Right to Sue and file the complaint in federal court.
3. The Equal Pay Act. The federal Equal Pay Act deals with a disparity in pay between men and women. Under this law, you have a time limit of two years to file your lawsuit directly with the court. If the employer acted “willfully” in this violation, the statute of limitations is three years.
4. Fair Labor Standards Act. The FLSA deals mostly with wage and hour compensation for employees. This law includes overtime pay, exempt employee standards, breastfeeding for working mothers, and other laws relating to working conditions.
The statute of limitations to file a violation under the FLSA is two years unless the breach is intentional. If it is intended, the time limit is three years. Lawsuits are filed in federal court and do not need a Right to Sue letter.
5. Sex Trafficking Statute. The Sex Trafficking Statute applies to specific circumstances of sexual misconduct. The statute of limitations is ten years to file a complaint directly in federal court.
Derek Smith
3 min. read
Derek Smith