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To achieve our goal of keeping you informed, this blog is Part A of Part XXII and an update of our series on federal laws that apply to workplace harassment, discrimination, & retaliation in New York. In Part XXI, we provided you with an overview of the “Exhaustion Requirement” under various applicable federal laws. To move the discussion forward, we now change gears, yet again, to look into the “Statute of Limitations” under several federal laws in this blog and Part A of Part XXII of the series.

Statute of Limitations under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York

Generally, the law provides a specific period in which legal proceedings have to be initiated, usually from the date of an alleged offense, whether civil or criminal, took place. The statute of limitations is a law that sets such a maximum amount of time.

Title VII of the Civil Rights Act of 1964 (Title VII)

Under Title VII, a person has 180 calendar days from the day a discriminatory act occurred to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). However, pursuant to 42 U.S.C. § 2000e-5(e)(1), if an analogous law to Title VII and on the same basis as discrimination is being asserted by the claimant were enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Further, pursuant to 42 U.S.C. § 2000e-5(f)(1), a person has 90 days to file a civil action after a notice of right-to-sue has been issued by the Equal Employment Opportunity Commission (EEOC).

Pregnancy Discrimination Act (PDA)

Under the PDA, a person has 180 calendar days from the day a discriminatory act occurred to file a discrimination charge with the EEOC. However, pursuant to 42 U.S.C. § 2000e-5(e)(1), if an analogous law to Title VII and on the same basis as discrimination is being asserted by the claimant were enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Accordingly, pursuant to 42 U.S.C. § 2000e-5(f)(1), a person has 90 days to file a civil action after a notice of right-to-sue has been issued by the Equal Employment Opportunity.

Americans with Disabilities Act (ADA)

Pursuant to 42 U.S.C. § 2000e–5(e), a person has 180 calendar days from the day a discriminatory act occurred to file a discrimination charge with the EEOC. However, if an analogous law to Title VII and on the same basis as discrimination is being asserted by the claimant were enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Accordingly, a person has 90 days to file a civil action after a notice of right-to-sue has been issued by the Equal Employment Opportunity Commission (EEOC).

Fair Labor Standards Act (FLSA)

Following the occurrence of the alleged violation, individuals have a maximum of 2 years to file a charge under the FLSA. However, pursuant to 29 U.S.C. § 255(a), the individual has three years to file a claim if it is determined by the court that the violation was “willful.” Generally, suppose an employer acts with reckless disregard of the FLSA’s requirements or with the knowledge that its conduct is prohibited by the FSLA. In that case, this is regarded as a “willful” violation under the FLSA.

Equal Pay Act (EPA)

Employees must, within 2 years of the alleged violation of the EPA, file a litigation complaint or discrimination charge to assert a claim under this law. However, pursuant to 29 U.S.C. § 255(a), the individual has three years to file a claim if it is determined by the court that the violation was “willful.”

Age Discrimination in Employment Act (ADEA)

Just as under Title VII, a person has 180 calendar days from the day a discriminatory act occurred to file a discrimination charge with the EEOC pursuant to 29 U.S.C. § 626(d). Usually, the EEOC extends this filing deadline to 300 days if only there is (1) a state agency/authority that enforces that age discrimination law, and (2) a state (as opposed to a local) law under which the age discrimination is prohibited. However, the claimant must bring a lawsuit within 90 days after a notice regarding the completion of an investigation has been given by the EEOC.

Stay tuned for Part B of this blog, in which we will look into other federal laws and the “Statute of Limitations” they provide. Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.