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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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EEOC Charge Deadlines for Employment Discrimination

United States (federal and general)Last reviewed 18 September 2026

To pursue a federal employment discrimination claim you generally must file a charge with the EEOC within 180 calendar days of the discrimination. That extends to 300 days if a state or local agency enforces a law against the same kind of discrimination, so the deadline depends on where you work.

The 180-Day and 300-Day Rules

Direct Answer: The EEOC states that you need to file a charge within 180 calendar days from the day the discrimination took place, extended to 300 calendar days if a state or local agency enforces a law prohibiting discrimination on the same basis.

Most states have such an agency, which is why 300 days is common, but you should not assume it applies to you. For age discrimination, the extension applies only if there is a state law with state enforcement, not just a local law.

Equal Pay Act Claims

Claims under the Equal Pay Act work differently: you do not have to file an EEOC charge first, and can sue directly in court within two years of the last discriminatory paycheck, extended to three years for a willful violation.

Acting Quickly

The deadline runs from the discriminatory act, so start counting from the date you were fired, denied a promotion or otherwise treated unfairly. Keep records, such as emails, performance reviews and notes of what was said and when, and consider speaking to an employment attorney or the EEOC promptly. State and local laws may give different deadlines, so a missed federal deadline does not always end every claim.

Frequently Asked Questions

How long do I have to file an EEOC charge?

Generally 180 calendar days from the discrimination, extended to 300 days if a state or local agency enforces a law against the same discrimination.

Why is it sometimes 300 days?

Because in states with an agency enforcing their own anti-discrimination law, the federal deadline is extended.

Is it different for age discrimination?

The 300-day extension applies only where a state law with state enforcement exists. A local law alone does not extend the deadline.

Do equal pay claims need an EEOC charge?

No. You can sue directly within two years of the last discriminatory paycheck, or three years for a willful violation.

What if I miss the deadline?

The federal claim may be barred, although state laws may give separate rights, so take advice quickly.

Can I get a employment discrimination lawyer without paying upfront?

Often, yes. Many attorneys handling these cases work on contingency or fee-shifting arrangements, so you pay no hourly fees upfront, but the terms and the treatment of case costs are set out in a written agreement. Read it before you sign and ask how costs are handled.

You May Also Be Interested In

Employment Law

Workplace claims

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Wage and Hour Claims Under the FLSA

Unpaid overtime and minimum wage

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Statute of Limitations

Filing deadlines by state

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How Contingency Fees Work

From free consultation to settlement

Read more

What If I Lose?

What happens if a claim fails

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. EEOC — Time limits for filing a charge

    A charge of discrimination generally must be filed within 180 calendar days, extended to 300 days where a state or local agency enforces a law against the same discrimination; for age discrimination the extension applies only with a state law; Equal Pay Act suits may be filed directly within two years, three for willful violations.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.