Filing deadlines in age discrimination cases are strict, and missing them can eliminate your right to pursue a claim entirely. In California, the timeline depends on which law applies, where you work, and how you choose to proceed, making it essential to consult an attorney as soon as possible after experiencing discrimination.
At Lawless, Lawless & McGrath, we help employees understand their deadlines and take timely action to protect their rights.
California State Deadlines: Filing with the CRD
Under California’s Fair Employment and Housing Act (FEHA), employees who believe they have been discriminated against because of their age must file a complaint with the California Civil Rights Department (CRD) before pursuing a civil lawsuit.
As of recent legislative updates, California employees generally have three years from the date of the alleged discriminatory act to file with the CRD. This is a significantly more generous deadline than what federal law provides, and it gives employees more time to gather evidence, consult with an attorney, and make informed decisions about how to proceed.
After the CRD issues a right-to-sue notice, you typically have one year from the date of that notice to file a civil lawsuit in court.
Federal Deadlines: Filing with the EEOC
For claims under the federal Age Discrimination in Employment Act (ADEA), the timeline is much shorter. Employees are generally required to file a charge with the Equal Employment Opportunity Commission (EEOC) within:
- 180 days of the discriminatory act if you work in a state without its own age discrimination law
- 300 days of the discriminatory act if you work in a state, such as California, that has its own fair employment agency
Because California has the CRD, most San Francisco employees have up to 300 days to file a federal charge with the EEOC. However, this deadline is still significantly shorter than the three-year window available under FEHA, and missing it forecloses the option to pursue federal remedies.
Important Exception: Public Employees
If you work for a public agency, such as a city, county, or state government employer, different and potentially shorter deadlines may apply. Some claims against government employers require filing a government tort claim before pursuing legal action, and those deadlines can be as short as six months. Employees in public sector roles should consult an attorney promptly to avoid losing their rights due to an accelerated timeline.
When Does the Clock Start?
The filing deadline generally begins on the date the discriminatory act occurred. Common triggering events include:
- A termination or layoff decision
- A denial of promotion communicated to the employee
- The implementation of a discriminatory policy
- The last incident in a pattern of age-based harassment
In some cases, the clock may restart if discriminatory conduct continues over time, a legal concept known as the “continuing violation” doctrine. A San Francisco age discrimination attorney can evaluate whether this doctrine applies to your situation and how it affects your deadline.
Why Acting Promptly Matters
Beyond meeting legal deadlines, acting quickly offers practical advantages:
- Evidence is easier to preserve when gathered soon after events occur
- Witnesses are more accessible and their recollections are more reliable
- Internal HR records, emails, and documentation are less likely to be lost or unavailable
- An attorney has more time to thoroughly evaluate your claim and develop the strongest possible strategy
Waiting, even when understandable given the stress of the situation, can significantly weaken a claim.
Steps to Take Now
If you believe you have experienced age discrimination, take the following steps without delay:
- Note the date of the discriminatory act and any related incidents
- Gather and preserve documentation, including performance reviews, emails, and records of adverse actions
- Consult an employment attorney to identify which deadline applies to your situation and ensure you file on time
- Avoid signing any severance agreements or waivers before consulting legal counsel. These documents can waive your right to pursue a claim.
How Lawless, Lawless & McGrath Can Help
Navigating overlapping state and federal deadlines can be confusing, and the consequences of missing a deadline are severe. Our attorneys identify the applicable filing requirements in your specific situation, help you file with the correct agency on time, and build your case from the ground up.
If you believe you have experienced age discrimination, do not wait. Contact Lawless, Lawless & McGrath today to protect your rights before the deadline passes.