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EEOC Filing Deadline Calculator

Calculate your exact deadline to file an EEOC charge. Know whether you have 180 or 300 days based on your state.

180 vs 300 Days State FEP Lookup Right to Sue Timeline 100% Free
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Select the date of the discriminatory act and your state to calculate your EEOC filing deadline.

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Understanding EEOC Filing Deadlines

The 180-Day vs 300-Day Rule

The deadline to file an EEOC charge depends on whether your state has a Fair Employment Practices (FEP) agency with a work-sharing agreement with the EEOC:

300-Day States (FEP Agency)

California, New York, Texas, Florida, Illinois, Pennsylvania, Ohio, Michigan, New Jersey, Massachusetts, Washington, Colorado, Arizona, Maryland, Minnesota, Wisconsin, Connecticut, Oregon, Nevada, New Mexico, Hawaii, Maine, Vermont, Rhode Island, Delaware, DC, and most others

180-Day States (No FEP Agency)

Alabama, Arkansas, Georgia (limited), Louisiana, Mississippi, North Carolina (limited), Virginia (limited), and a few others with limited or no state agencies

When Does the Clock Start?

The deadline begins on the date of the discriminatory act, not when you learned it was discriminatory. For discrete acts like termination, demotion, or failure to hire, the clock starts on the date of that action.

⚠️ Each Discrete Act Has Its Own Deadline

If you experienced multiple discriminatory acts (e.g., denied promotion in January, then terminated in June), each act has its own deadline. You cannot use a later act to revive claims for earlier acts that are already time-barred.

The Continuing Violation Doctrine

For hostile work environment claims, the continuing violation doctrine may apply. If the harassment was part of an ongoing pattern, filing within 180/300 days of the most recent act may preserve claims for the entire pattern of conduct.

Right to Sue Letter: 90-Day Deadline

After you file an EEOC charge, the agency will investigate. When the EEOC concludes its process, it issues a "Right to Sue" letter. You have exactly 90 days from receipt of this letter to file a federal lawsuit. This deadline is strictly enforced.

Equitable Tolling Exceptions

In rare cases, courts may extend the deadline through equitable tolling:

Do not rely on equitable tolling — courts apply it sparingly and it's difficult to prove.

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Frequently Asked Questions

You generally have either 180 or 300 days to file an EEOC charge, depending on whether your state has a Fair Employment Practices (FEP) agency. In states with FEP agencies (like California, New York, Texas, and most others), you have 300 days. In states without FEP agencies, you have only 180 days.
Most states have FEP agencies and thus 300-day deadlines, including California, New York, Texas, Florida, Illinois, Pennsylvania, Ohio, and many others. States with only 180 days include Alabama, Arkansas, Georgia, Louisiana, Mississippi, North Carolina, and Virginia (though some of these have limited state agencies).
The continuing violation doctrine may extend your deadline if the discrimination was part of an ongoing pattern rather than a discrete act. Hostile work environment claims often qualify because they involve repeated conduct over time. However, discrete acts like termination, demotion, or failure to promote each have their own deadline.
You have exactly 90 days from receiving your Right to Sue letter to file a federal lawsuit. This deadline is strictly enforced. The 90 days begins when you actually receive the letter, not when it was mailed, but courts presume receipt within a few days of mailing.
In rare circumstances, equitable tolling may extend the deadline. This includes situations where the employer actively concealed the discrimination, you were mentally incapacitated, or you filed with the wrong agency in good faith. However, courts apply equitable tolling sparingly, so you should not rely on it.