Employment Litigation
Employment Practice and Defense
A charge must be filed within 180 days of the discriminatory act, extended to 300 days in states with a deferral agency. The agency investigates, may attempt conciliation, and issues a right to sue letter.
Suit must follow within 90 days of the notice.
Alternative Names:
Charge of Discrimination, Administrative Charge
Why it Matters?
Charge scope limits the subsequent lawsuit, since claims not raised in the charge or reasonably related to it are barred for failure to exhaust. That makes the charge document worth close reading, because a charge alleging only race discrimination generally cannot support a retaliation claim later. The position statement the employer files also becomes a document the plaintiff will use to test consistency.
Frequently Confused with
Related terms
Frequently asked questions
Does the charge limit the lawsuit?
Why does the position statement matter?
