Review of Dead Lines in Civil Rights Cases
CAUTION: The information on this page is for general information purposes. It is not intended to constitute legal advise. You should consult your own attorney. |
||
Discharge or Unlawful Actions |
Statute of Limitations: If you fail to meet the deadline you are barred from proceeding |
Who do you contact? |
Discrimination based on race, sex, national origin, religion, pregnancy, age, disability, or retaliation. |
180 days after the unlawful action or notification of the adverse employment action (300 days in a referral state, eg. Virginia) You must file suit after 90 days of the right to sue letter. |
Equal Employment Opportunity Commission (EEOC).Federal or State Court for suit. |
Federal Employees: Discrimination based on race, sex, national origin, religion, pregnancy, age, disability, or retaliation. |
45 days after notification of the discriminatory decision for federal employees. |
EEO office first and then the Equal Employment Opportunity Commission (EEOC) |
Federal Employee Only: Discrimination or a discharge without just cause |
30 days after notification of the unjust decision for federal civil service employees. |
U.S. Merit System Protection Board. |
Retaliation for complaints made about unsafe working conditions or your refusal to perform work believed to be unsafe. |
30 days. | Occupational Safety and Health Administration (OSHA). |
Union: Interference with right to organize and participate in union activities. |
Six months. | National Labor Relations Board (NLRB). |
Violation of the Collective Bargaining Agreement (CBA). |
Depends on collective bargaining agreement (“CBA”), usually a few days. |
File a grievance with employer. |
Failure of Union to Represent: union’s violation of its duty of fair representation and the employer’s breach of the Collective bargaining Agreement. |
Six months. | The federal district court in your state and also the NLRB (for charge against union). |
The Worker Adjustment Retraining and Notification Act. |
Six months. | The federal district court in your state. |
The Family and Medical Leave Act (FMLA). |
Two years. | U.S. Department of Labor, Wage & Hour Division, and federal court. |
Employee Polygraph Protection Act. |
Three years. | Federal court or U.S. Department of Labor. |
False Claims Act. | Six years. | The federal district court in your case. |
Uniform Services Employment and Reemployment Act of 1994. |
Six years. | The federal district court in your state. |
Consumer Credit Protection Act. |
One year. | U.S. Department of Labor, Wage & Hour Division, and federal court. |
Juror Protection Act. | One year. | The federal district court in your state. |
Racketeer Influenced and Corrupt Organizations Act. |
Four years. | The federal district court in your state. |
Fair Labor Standards Act. | Two years ordinarily; three years if the violation is willful. |
U.S. Department of Labor, Wage & Hour Division, and federal court or state court. |