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How Long Do I Have to File a Discrimination Claim?

Sep 24, 2025 | FAQs | 0 comments

If you’ve experienced sex or pregnancy discrimination, timing is everything. Strict filing deadlines determine whether your case can move forward, and missing them can permanently bar your claim.

San Francisco pregnancy and discrimination lawyers

Federal Deadlines (EEOC)

  • 180 Days: Standard deadline to file a charge with the EEOC.
  • 300 Days: If your state has its own anti-discrimination enforcement agency (California, New York, Illinois, etc.), you have up to 300 days.

Important: Filing a complaint with your employer does not stop the clock. Only a filing with the EEOC (or state agency) preserves your rights under federal law.

Equal Pay Act Deadlines

Claims under the Equal Pay Act don’t require an EEOC filing. You can file directly in court within:

  • 2 Years: Standard deadline.
  • 3 Years: If the pay discrimination was “willful.”

California Deadlines (FEHA / CRD)

California provides broader protections and longer deadlines:

Why Early Action Matters

Even if deadlines seem far away, waiting has risks:

  • Evidence like emails and performance reviews may be lost.
  • Witnesses’ memories fade.
  • Employers may claim your delay undermines your credibility.

Protecting Your Rights

By consulting an attorney early, you ensure all filings are timely and that your case is built with strong evidence. At Lawless, Lawless & McGrath, we routinely handle cases against major employers in San Francisco, ensuring clients meet deadlines while preserving their best chances for success.

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