The EEOC Deadline Explained: How Long You Really Have to File

The most expensive mistake in employment discrimination isn't saying the wrong thing to HR. It's waiting. Every discrimination claim runs on a clock, the clock is shorter than almost anyone expects, and courts almost never forgive a missed deadline — no matter how strong the case was.

Here is how the deadlines actually work, in plain language.

The two numbers: 180 and 300 days

Under federal law, you must file a charge with the EEOC within 180 calendar days of the day the discrimination happened. Calendar days — weekends and holidays count.

That window extends to 300 days if a state or local agency also enforces a law prohibiting the same kind of discrimination. Many states have such an agency, but the rules differ by state and by the type of claim — for age discrimination, for example, the extension works differently than for race or sex claims.

The safe move is simple: assume you have 180 days until you have confirmed, for your state and your claim, that you have more.

When the clock starts

The clock starts on the day each discriminatory act happens — not the day you realize it was illegal, and not the day you finish gathering evidence. If you were fired on March 1, the clock on that firing started March 1.

Each discrete act — a firing, a demotion, a denied promotion, a pay decision — carries its own deadline. Ongoing harassment is treated somewhat differently, because a hostile work environment is built from repeated conduct over time. But the practical rule doesn't change: date every incident when it happens and treat the earliest one as the one setting your clock.

Federal employees: 45 days

If you work for the federal government, the timeline is dramatically shorter. You must contact an EEO counselor at your agency within 45 days of the discriminatory act. Miss that, and the claim is usually gone before it started.

Different laws, different clocks

• EEOC charge (most workplace discrimination): 180 days, up to 300 with a state agency
• Federal employees: 45 days to contact an EEO counselor
• Equal Pay Act: 2 years to file a lawsuit (3 for willful violations) — no EEOC charge required first
• Housing discrimination: 1 year to file with HUD, up to 2 years to file a federal lawsuit
• Civil rights claims against police or government (Section 1983): varies by state, commonly 1 to 3 years

Why waiting kills cases even before the deadline

The deadline is the hard stop, but cases weaken every week before it. Witnesses change jobs and stop answering. Your memory of exact words becomes approximate. And critically, many companies auto-delete email, chat logs, and security video on rolling schedules — often 30 to 90 days. Evidence that would have proven your case can be lawfully gone long before day 180.

Documenting immediately — even before you've decided whether to file — costs you nothing and preserves every option.

What filing actually looks like

Filing an EEOC charge is free, does not require a lawyer, and starts online at the EEOC's public portal. You submit an inquiry, do an intake interview, and then sign a formal charge. The EEOC notifies your employer, may investigate or mediate, and ultimately issues a notice that lets you sue if the matter isn't resolved.

You can hire an attorney at any point in that process — and arriving with an organized, dated record is what makes the strongest first impression. IronRecord keeps your incidents timestamped, your evidence encrypted and tamper-evident, and your filing window counted down automatically, then exports everything as one court-ready PDF. It's free to start.