State-by-state guide

How long do you have to file a discrimination charge?

Federal law gives you 180 days to file a discrimination, harassment or retaliation charge with the EEOC. That becomes 300 days where a state or local agency enforces a similar law, and all six states on this page have one. State agency deadlines range from 6 months in Washington to up to 5 years in Oregon.

On the map, each pin shows the general deadline to file with that state’s agency. Washington allows 1 year for pregnancy discrimination and 2 years for some whistleblower retaliation. Oregon’s 5 years covers most discrimination and harassment claims; most other claims have 1 year. New York City’s Commission allows 1 year (3 years for gender-based harassment). Court deadlines and other exceptions are below.

Last reviewed November 9, 2026 · General information, not legal advice

The short answer

To bring a federal discrimination, harassment or retaliation claim, you must file a charge with the EEOC within 180 days of the act, or within 300 days if a state or local agency enforces a similar law. California, Washington, Oregon, Illinois, Minnesota and New York all have such agencies, so 300 days generally applies there.

300 daysEEOC deadline in these states

State agency deadlines are different: 3 years in California and New York State, 2 years in Illinois, 1 year in Minnesota and New York City, up to 5 years in Oregon for most discrimination and harassment claims, and only 6 months at Washington's Human Rights Commission.

6 months – 5 yearsState agency deadlines

After the EEOC issues a notice of right to sue, you have 90 days to file a federal lawsuit. In California, you need a right-to-sue notice from the Civil Rights Department before you sue, and then you have one year to file in court.

90 daysTo sue after the EEOC notice

At a glance

Deadline to file with the agency, drawn to scale.

Each line measures calendar days from the discriminatory act (or the last act of ongoing harassment) to the agency's filing deadline. The scale runs from 0 to 5 years.

General deadline for discrimination, harassment and retaliation
Longer deadline for certain claims
Shorter deadline in some cases
EEOC 300-day line, for comparison

FederalEEOC

300 days in all six states here180 days where no state or local agency enforces a similar law

CaliforniaCivil Rights Department

3 yearsAbout 1,095 days

WashingtonHuman Rights Commission

6 monthsAbout 182 days. 1 year for pregnancy discrimination. No agency filing needed to sue (3 years in court).

OregonBureau of Labor and Industries

5 yearsAbout 1,826 days, for most discrimination and harassment claims. 1 year for most other claims.

IllinoisDepartment of Human Rights

2 yearsAbout 730 days. Was 300 days before January 1, 2025.

MinnesotaDepartment of Human Rights

1 year365 days. Same deadline to sue directly in court.

New York StateDivision of Human Rights

3 yearsAbout 1,095 days, for acts on or after February 15, 2024. Was 1 year.

New York CityCommission on Human Rights

1 year365 days. 3 years for gender-based harassment.

Years shown as 365 days; leap years add a day. Weekends and holidays count, but a deadline that lands on one generally moves to the next business day at the EEOC. These are agency deadlines; court deadlines are in the next table.

Going to court

Do you need the agency first? And how long to sue?

Some laws make you file with an agency and get a notice before you can sue. Others let you go straight to court. Once a notice arrives, a new and often short clock starts.

Jurisdiction	Must you file with the agency first?	Deadline to sue without an agency filing	Deadline after an agency notice
Federal	Yes for Title VII, the ADA and age claims (EEOC charge). No for Equal Pay Act claims.	Equal Pay Act: 2 years from the pay discrimination, 3 if willful.	90 days after you receive the notice of right to sue. Age claims: you may sue 60 days after filing the charge.
California	Yes. You need a Civil Rights Department right-to-sue notice. An immediate notice is available.	Not available for state-law (FEHA) claims.	1 year from the date of the right-to-sue notice. Can be extended while the EEOC investigates a dual-filed charge.
Washington	No. You can sue directly under state law.	3 years (courts apply RCW 4.16.080(2)).	No right-to-sue notice is required.
Oregon	No. You can sue directly.	5 years for most discrimination and harassment claims; 1 year for most others.	If you filed with BOLI: the time left on the 1-year or 5-year limit, but always at least 90 days after BOLI's notice. If BOLI found no substantial evidence, no more than 1 year after the notice.
Illinois	Yes. A charge with IDHR, or with the EEOC within 300 days, comes first.	Not available for Human Rights Act claims.	90 days after IDHR's notice (opt-out or dismissal), or within 90 days after IDHR's 365-day investigation period runs out.
Minnesota	No. You can sue directly.	1 year.	90 days after a dismissal notice. Or, once a charge has been pending 45 days, notify the agency and sue within 90 days of that notice.
New York State	No. You can sue directly.	3 years.	Filing with the Division generally rules out a court case on the same claim, with narrow exceptions.
New York City	No. You can sue directly under city law.	3 years.	Pick one path. The Commission will not take a complaint already filed in court or with another agency, including the EEOC.

Jurisdiction by jurisdiction

The rules, the numbers and the exceptions.

Federal baseline

EEOC

File a charge: 180 or 300 days300 days where a state or local agency enforces a similar law
Sue after notice: 90 daysFrom receipt of the notice of right to sue

Federal laws against discrimination, harassment and retaliation at work (Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act) require you to file a charge with the U.S. Equal Employment Opportunity Commission before you sue. The basic deadline is 180 calendar days from the discriminatory act. It extends to 300 days when a state or local agency enforces a law against the same kind of discrimination. California, Washington, Oregon, Illinois, Minnesota and New York all have such agencies.

Each act has its own clock. A firing, a demotion and a denied promotion are measured separately. For ongoing harassment, file within 180 or 300 days of the last incident; the EEOC says it will look at all incidents, including older ones.
Age claims. The 300-day extension applies only if a state law (not just a local law) bans age discrimination. You can sue 60 days after filing the charge, without waiting for a notice.
Right to sue. You can ask for a notice of right to sue. Before 180 days have passed, the EEOC gives one only if it cannot finish its investigation within 180 days. Once you receive the notice, you have 90 days to file in court.
Equal Pay Act. No charge is needed. Sue within 2 years of the pay discrimination, or 3 years if it was willful. A Title VII charge does not extend this deadline.
Federal employees follow a different process and generally must contact their agency's EEO counselor within 45 days.

Law: 42 U.S.C. § 2000e-5(e)(1) and (f)(1); 29 U.S.C. § 626(d) and (e). Official: EEOC: Time limits for filing a charge · EEOC: Filing a lawsuit

California

Civil Rights Department

File a complaint: 3 yearsFrom the date of the unlawful practice
Sue after notice: 1 yearFrom the date of the right-to-sue notice

Under California's Fair Employment and Housing Act (FEHA), you have 3 years to file a complaint with the Civil Rights Department (CRD). CRD says you must submit an intake form within three years of the date you were last harmed. Before you can sue under FEHA, you must get a right-to-sue notice from CRD. You can ask for an immediate right-to-sue notice if you want to go straight to court.

One year to sue. After CRD issues the right-to-sue notice, you have one year from the date of the notice to file your lawsuit.
EEOC overlap. If CRD defers its investigation to the EEOC, the one-year period can be tolled. It then ends when the federal right-to-sue period ends or one year from the notice, whichever is later.
Late discovery. The 3-year period can be extended up to 90 days if you first learned the facts of the unlawful practice during the 90 days after the deadline passed.
Minors. A person harmed as a minor has up to one year after turning 18.
Federal claims are separate. CRD says it will not file an immediate right-to-sue complaint with the EEOC. For a federal claim, file with the EEOC within 300 days.

Law: Cal. Gov. Code § 12960(e); Cal. Gov. Code § 12965(c)(1)(D), (e). Official: CRD: Complaint process · CRD: Obtain a right to sue

Work in California? Read our California workplace discrimination guide.

Washington

Human Rights Commission

File a complaint: 6 months1 year for pregnancy; 2 years for whistleblower retaliation
Sue in court: 3 yearsNo agency filing required

A complaint with the Washington State Human Rights Commission must be filed within six months of the discriminatory act. That is the shortest state agency deadline on this page. But Washington's Law Against Discrimination also lets you sue directly in court, with no agency filing first. Washington courts apply the general three-year limit for those lawsuits.

Longer agency periods. Pregnancy discrimination: 1 year. Whistleblower retaliation (state employee and health care whistleblowers): 2 years.
A questionnaire is not a complaint. The Commission says its questionnaire alone does not preserve your rights. The signed charge must be completed within the deadline.
EEOC. The EEOC's 300-day deadline applies in Washington for employers with 15 or more employees (20 or more for age claims).
Seattle. The Seattle Office for Civil Rights takes employment complaints for work in Seattle. City law gives 18 months (one year and six months) to file, much longer than the state agency.

Law: RCW 49.60.230(2); RCW 49.60.030(2); RCW 4.16.080(2); Seattle Municipal Code 14.04.090. Official: Washington State Human Rights Commission: Employment · Seattle Office for Civil Rights FAQ

Oregon

Bureau of Labor and Industries

File a complaint: 5 yearsMost discrimination and harassment claims; 1 year for most other claims
Sue after BOLI notice: At least 90 daysTime left on your 1- or 5-year limit, never less than 90 days

Oregon's Workplace Fairness Act gave workers up to five years to file a complaint with the Bureau of Labor and Industries (BOLI) or a lawsuit for discrimination and harassment under ORS 659A.030, disability discrimination under ORS 659A.112, uniformed service claims under ORS 659A.082, and a few others. BOLI says the five-year period covers acts on or after September 29, 2019. Most other complaints have a one-year deadline.

You can go straight to court. Oregon does not require a BOLI complaint before you sue. The same one-year or five-year limits apply.
Filing with BOLI and the court deadline. A 2025 law (HB 2957, in effect since June 24, 2025) changed this. After BOLI issues its notice, you generally keep whatever time is left on your one-year or five-year limit, and you always get at least 90 days after the notice. If BOLI investigated and found no substantial evidence, you have at most one year after the notice. Check the date on your BOLI notice.
Signed complaint. BOLI says a complaint is not filed until it receives your signed complaint. Leave time for intake.
Safety retaliation. Workplace health and safety retaliation complaints have a one-year deadline.

Law: ORS 659A.820(2), (3); ORS 659A.875(1), (2); ORS 659A.880(3), as amended by HB 2957 (2025). Official: BOLI: Discrimination at work · ORS chapter 659A

Illinois

Department of Human Rights

File a charge: 2 years300 days before January 1, 2025
Sue after notice: 90 daysAfter IDHR's notice, or after its 365-day period ends

Recent change: starting January 1, 2025, Public Act 103-0973 extended the deadline to file an employment charge with the Illinois Department of Human Rights (IDHR) from 300 days to 2 years. Housing charges still have one year. Under the Illinois Human Rights Act, you must file a charge first. You cannot go straight to court.

EEOC filing counts. A charge filed with the EEOC within 300 days is treated as filed with IDHR on the same date.
Opting out. Within 60 days after you receive notice of your right to opt out, you can ask to leave the IDHR process. You then have 90 days after receiving the Director's notice to sue in circuit court.
Dismissal. If IDHR dismisses the charge for lack of substantial evidence, you have 90 days after receiving the notice to sue.
365 days. IDHR must make a finding within 365 days unless the parties agree in writing to more time. If you filed with the EEOC first, that clock is paused until the EEOC issues its determination. If IDHR misses the deadline, you can sue during the 90 days after that period ends.

Law: 775 ILCS 5/7A-102(A)(1), (A-1), (C-1), (D), (G). Official: IDHR: Statute of limitations extended · IDHR: Procedures for non-housing charges

Minnesota

Department of Human Rights

File a charge or sue: 1 yearFrom the discriminatory act
Sue after dismissal: 90 daysAfter you receive the dismissal notice

Under the Minnesota Human Rights Act, you have one year to do one of three things: sue in district court, file a charge with a local commission, or file a charge with the Minnesota Department of Human Rights (MDHR). You do not have to go to MDHR first.

Paused clock. The one-year period is suspended while you and the employer are voluntarily in a dispute resolution process, such as mediation, arbitration or a union grievance. The law sets notice requirements for this.
After a dismissal. If MDHR dismisses your charge, you can sue within 90 days after receiving the notice. Receipt is presumed five days after mailing.
Leaving the agency. Once a charge has been pending 45 days (with no hearing and no signed conciliation agreement), you can notify the commissioner that you intend to sue, and then sue within 90 days of that notice.

Law: Minn. Stat. § 363A.28, subd. 3; Minn. Stat. § 363A.33, subd. 1. Official: MDHR: Report discrimination · Minn. Stat. § 363A.28

New York

State Division and NYC Commission

State Division of Human Rights: 3 yearsFor acts on or after Feb. 15, 2024
NYC Commission on Human Rights: 1 year3 years for gender-based harassment
Sue in court (state or city law): 3 yearsNo agency filing required

New York State, recent change: for discrimination on or after February 15, 2024, you have three years to file a complaint with the New York State Division of Human Rights. Before that date the deadline was one year, except for workplace sexual harassment, which already had three years. The Division says other pre-February 15, 2024 claims are now past the deadline. The three-year deadline to sue in court under the state Human Rights Law did not change.

One path, usually. Filing a complaint with the Division (or a local human rights commission) generally bars a court case on the same claim. Exceptions include a dismissal for administrative convenience, for untimeliness, or because your election of remedies was annulled.
EEOC charges. A charge the EEOC sends to the Division to meet federal requirements does not count as choosing the Division.
A report is not a complaint. The Division says its first-step report is not an official complaint yet.

New York City: the NYC Human Rights Law covers work in the five boroughs. A complaint with the NYC Commission on Human Rights must be filed within one year of the last act, or within three years for gender-based harassment. You can instead sue in court within three years.

Pick one path. The Commission will not accept a complaint you already filed on the same facts in court or with another agency, including the EEOC and the State Division.
No automatic EEOC filing. The Commission says it no longer automatically cross-files employment claims with the EEOC. If you want a federal claim, file with the EEOC within 300 days.

Law: N.Y. Exec. Law § 297(5), (9); N.Y. CPLR 214(2); N.Y.C. Admin. Code § 8-109(e) and § 8-502(d). Official: NYS Division of Human Rights: File a complaint · NYC Commission on Human Rights: Complaint process

Next steps

What to do if this happened to you.

Write down the dates. Note the date of each act: the comment, the schedule cut, the demotion, the firing. Deadlines run from each act, or from the last incident of ongoing harassment.
Find your shortest deadline. If you might bring both federal and state claims, the earliest date controls. In Washington, the state agency's 6-month deadline comes before the EEOC's 300 days.
Keep your records. Save your own texts, notes, schedules, pay stubs, reviews and termination letter. List witnesses and how to reach them.
Start the agency process early. An intake form or questionnaire is not always a filed charge. Washington, Oregon and New York State all say a signed complaint must follow before the deadline.
Protect your federal claim on its own. Some agencies do not forward complaints to the EEOC. If you are unsure, file with the EEOC directly within 300 days.
Mark the right-to-sue deadline the day the notice arrives. It can be as short as 90 days.

California workers

Talk to a California employment lawyer.

Our attorneys represent employees in California. Learn how FEHA protects you, or ask us for a free case review.

Free case review California discrimination guide

Other states

Contact your state agency or find a local lawyer.

We accept clients only in California. Elsewhere, contact the agency for your state, or use the American Bar Association's lawyer referral directory.

FAQ

Common questions.

Is the EEOC deadline 180 days or 300 days?

It is 180 calendar days from the discriminatory act, extended to 300 days when a state or local agency enforces a law against the same kind of discrimination. California, Washington, Oregon, Illinois, Minnesota and New York all have such agencies, so workers there generally have 300 days. For age claims, the extension applies only where a state law, not just a local law, bans age discrimination.

Does filing with my state agency also file a charge with the EEOC?

Sometimes, but do not assume it. The California Civil Rights Department says it will not file an immediate right-to-sue complaint with the EEOC, and the New York City Commission on Human Rights says it no longer automatically cross-files employment claims with the EEOC. Ask the agency, or file with the EEOC yourself within 300 days.

How long do I have to sue after I get a right-to-sue notice?

For federal claims under Title VII, the ADA and the age discrimination law, you have 90 days after you receive the EEOC's notice. In California, you have one year from the date of the Civil Rights Department's right-to-sue notice. Illinois and Minnesota generally give 90 days after the state agency's notice. In Oregon, you generally keep the rest of your one-year or five-year limit, with at least 90 days after the BOLI notice.

Do I have to go to a state agency before I can sue?

In California and Illinois, yes, for claims under state law: California requires a right-to-sue notice from the Civil Rights Department, and Illinois requires a charge with the Department of Human Rights or the EEOC. In Washington, Oregon, Minnesota, New York State and New York City, you can go straight to court under state or city law. Federal claims under Title VII, the ADA and the age discrimination law require an EEOC charge first.

When does the clock start for ongoing harassment?

For harassment that builds over time, the EEOC says to file within 180 or 300 days of the last incident, and it will look at all incidents, including older ones. Separate acts such as a firing, a demotion or a denied promotion each have their own deadline, counted from the day each one happened.

Do weekends and holidays count toward the EEOC deadline?

Yes. The EEOC counts calendar days, including weekends and holidays. If the last day falls on a weekend or holiday, you have until the next business day.

What changed recently in Illinois and New York?

Illinois extended the deadline to file a non-housing charge with the Department of Human Rights from 300 days to 2 years, effective January 1, 2025. New York State extended the deadline to file with the Division of Human Rights from 1 year to 3 years for discrimination on or after February 15, 2024.

Sources

Official sources used.

General information, not legal advice. Laws change; check the official sources above. Our attorneys are licensed only in California, and we accept clients only in California.