EEOC Filing Deadline Calculator

By Mustafa Bilgic · Updated 2026-09-26

You generally have 180 calendar days from the day discrimination happened to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC), and 300 days if a state or local agency enforces a law against the same kind of discrimination. This EEOC filing deadline calculator counts both dates for you, moves a deadline that lands on a weekend or federal holiday to the next business day, and adds the later steps: the 90-day window to sue after a right-to-sue notice, the age discrimination waiting period, Equal Pay Act lawsuit dates and the 45-day rule for federal employees.

EEOC Filing Deadline Calculator

Later steps (optional)
Disclaimer: This calculator gives an educational estimate from federal statutes, EEOC regulations and EEOC guidance cited on this page. It is not legal advice. Deadlines can be shorter or longer in unusual cases, and only the EEOC, an agency or a court decides whether a charge is timely. If a date is close, file first and ask questions later.

EEOC Deadlines at a Glance

StepDeadlineRule
EEOC charge, no state or local agency covers the claim180 calendar days after the act42 U.S.C. 2000e-5(e)(1)
EEOC charge where a state or local agency enforces a similar law300 calendar days after the act42 U.S.C. 2000e-5(e)(1)
Age charge (ADEA)300 days only if a state law and a state agency cover age; otherwise 18029 U.S.C. 626(d)(1)
Lawsuit after a notice of right to sue90 days after you receive it42 U.S.C. 2000e-5(f)(1)
ADEA lawsuitAfter 60 days from the charge; within 90 days of a dismissal notice29 U.S.C. 626(d), (e)
Equal Pay Act lawsuit2 years from the last discriminatory paycheck, 3 if willful29 U.S.C. 255(a)
Federal employee: contact an EEO counselor45 days29 CFR 1614.105(a)(1)
Federal employee: formal complaint15 days after the counselor's notice29 CFR 1614.106(b)
Federal employee: appeal to the EEOC30 days after final action29 CFR 1614.402(a)
Federal employee: lawsuit90 days after final action, or after 180 days with no final action29 CFR 1614.407

The ADA uses the same charge procedures as Title VII (42 U.S.C. 12117(a)), and so do GINA (42 U.S.C. 2000ff-6(a)) and the Pregnant Workers Fairness Act (42 U.S.C. 2000gg-2(a)).

How the 180-Day and 300-Day Deadlines Work

Title VII says a charge "shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred." The period grows to 300 days when the person first went to a state or local agency with authority to grant or seek relief. In practice the EEOC treats the longer period as available where such an agency exists: its guidance says the 180-day deadline "is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." These state and local offices are called fair employment practices agencies, or FEPAs, and a charge filed with either the EEOC or the FEPA within 300 days counts.

The EEOC's own Compliance Manual notes that most jurisdictions have such agencies, so the limit "will usually be 300 days." It also tells investigators to check when they are unsure. That is the right habit for you too: if you do not know whether an agency covers your claim, treat the 180-day date as your real deadline. The calculator does this when you choose "Not sure."

Age claims follow a stricter rule. The 300-day period applies only "if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law." A city or county ordinance alone does not extend an age charge. The EEOC gives an example of a worker who filed 200 days after being told of a discharge: the sex discrimination claim was timely because the state had a law covering sex, but the age claim was late because neither the state nor the locality had an age law.

When the Clock Starts

Firing, demotion, failure to hire or promote. Each of these is a discrete act. The Compliance Manual says it must be challenged within 180 or 300 days "of the date that the charging party received unequivocal written or oral notification of the action, regardless of the action's effective date." If you got a letter on March 1 saying you would be let go on April 30, the count starts March 1. A mere warning or proposal does not start it; the later final notice does.

Several separate acts. The deadline usually applies to each event. In the EEOC's example, a worker demoted and then fired a year later who files the day after the firing has a timely claim only for the discharge.

Harassment. For an ongoing hostile work environment, you must file within 180 or 300 days of the last incident, and the EEOC will look at earlier incidents too.

Pay discrimination. Under Title VII, a new violation occurs "each time wages, benefits, or other compensation is paid" as a result of a discriminatory pay decision (42 U.S.C. 2000e-5(e)(3)(A)). Use the date of your most recent affected paycheck.

Reasonable accommodation. The Compliance Manual treats a denied accommodation as a violation each time the employee needs it.

Internal complaints do not pause it. The EEOC says its time limits generally will not be extended while you try an internal grievance, a union grievance, arbitration or mediation.

Counting Days, Weekends and Holidays

Every calendar day counts, including weekends and holidays. The EEOC adds one rule for the end of the period: "if the deadline falls on a weekend or holiday, you will have until the next business day." The calculator starts counting on the day after the act, which is how federal rules count periods (29 CFR 1614.604(g) and Federal Rule of Civil Procedure 6(a)), and it treats the federal holidays in 5 U.S.C. 6103 as holidays, using the observed date when a holiday falls on a weekend.

Federal holiday2026 observed2027 observed
New Year's DayThu, Jan 1Fri, Jan 1
Birthday of Martin Luther King, Jr.Mon, Jan 19Mon, Jan 18
Washington's BirthdayMon, Feb 16Mon, Feb 15
Memorial DayMon, May 25Mon, May 31
Juneteenth National Independence DayFri, Jun 19Fri, Jun 18
Independence DayFri, Jul 3Mon, Jul 5
Labor DayMon, Sep 7Mon, Sep 6
Columbus DayMon, Oct 12Mon, Oct 11
Veterans DayWed, Nov 11Thu, Nov 11
Thanksgiving DayThu, Nov 26Thu, Nov 25
Christmas DayFri, Dec 25Fri, Dec 24

Dates are from the Office of Personnel Management schedule. When a holiday falls on a Saturday, most federal employees observe it on Friday, and a Sunday holiday moves to Monday. State court holidays are not built in, so check your court's calendar if you plan to sue in state court.

After You File: Right to Sue and the 90-Day Window

For Title VII, ADA, GINA and Pregnant Workers Fairness Act claims, you need a notice of right to sue before going to court. The EEOC issues one when it closes a charge, and you can ask for one earlier. Once more than 180 days have passed since you filed, the EEOC says it is "required by law to give you the notice if you ask for it" (29 CFR 1601.28(a)(1)). Before that point it gives the notice only if it will not be able to finish within 180 days.

After you receive the notice, "you must file your lawsuit within 90 days." The EEOC calls this deadline "set by law," and missing it can end the case. The calculator adds 90 days to the receipt date you enter and moves a weekend or holiday end date forward, as Rule 6(a) does for federal court.

Age claims work differently. You do not need a right-to-sue notice. You may sue "any time after 60 days have passed from the day you filed your charge," but no later than 90 days after you receive notice that the EEOC has closed its investigation.

Equal Pay Act claims can skip the EEOC entirely. You may go straight to court within two years of the discriminatory pay, or three years if the violation was willful (29 U.S.C. 255(a)). Filing a Title VII charge does not extend the Equal Pay Act deadline.

Federal Employees: The 45-Day Counselor Rule

Federal workers and applicants use a separate process. You "must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action" (29 CFR 1614.105(a)(1)). After counseling, a formal complaint is due within 15 days of receiving the counselor's notice. Once the agency takes final action you can appeal to the EEOC within 30 days or sue within 90 days, and if the agency has not acted 180 days after you filed the complaint, you may go to court. The agency or the EEOC must extend the 45-day limit in some cases, for example when you were not told of the time limits.

Worked Examples

Told of a firing on January 5, 2026

Day 180 is Saturday, July 4, 2026. Friday, July 3 is the observed Independence Day, so the first business day after the deadline is Monday, July 6, 2026. Day 300 is Sunday, November 1, 2026, which moves to Monday, November 2. If you are not sure an agency covers your claim, plan on July 6.

The EEOC's own example

A worker told of a discharge on January 1, 1998 filed 200 days later, on July 20, 1998. The sex claim was on time because the 300-day date was October 28, 1998. The age claim was late because only 180 days applied, ending June 30, 1998.

Federal employee, act on November 10, 2026

Day 45 is Friday, December 25, 2026, Christmas Day, so the counselor contact deadline becomes Monday, December 28, 2026.

Right-to-sue notice received August 28, 2026

Day 90 is Thursday, November 26, 2026, Thanksgiving Day, so the federal court deadline is Friday, November 27, 2026.

Tips to Protect Your Deadline

Once your claim is on file, the Title VII damages cap calculator shows what compensatory and punitive damages can reach by employer size, and the wrongful termination settlement calculator estimates a settlement range.

Frequently Asked Questions

What is the deadline to file an EEOC charge?

In general, 180 calendar days from the day the discrimination took place. It is extended to 300 calendar days if a state or local agency enforces a law against employment discrimination on the same basis. For age claims, the 300-day period applies only if a state law and a state agency cover age discrimination.

Does the EEOC deadline count weekends and holidays?

Yes. Weekends and holidays are included in the count, but if the last day falls on a weekend or holiday, you have until the next business day.

When does the EEOC deadline start after a firing?

For a discrete act such as a firing or demotion, the EEOC counts from the date you received unequivocal written or oral notice of the decision, not the date it took effect. For ongoing harassment, count from the last incident.

How long do I have to sue after an EEOC right to sue letter?

You must file your lawsuit within 90 days after you receive the notice of right to sue. For age claims you do not need the notice: you can sue after 60 days have passed from filing the charge, and no later than 90 days after you receive notice that the EEOC closed its investigation.

What is the EEOC deadline for federal employees?

Federal employees and applicants must contact an agency EEO counselor within 45 days of the discriminatory matter, or within 45 days of the effective date of a personnel action. The agency or the EEOC must extend the limit in some cases, for example when you were not told about it.

Does an internal complaint or union grievance extend the EEOC deadline?

Generally no. The EEOC says its time limits will not be extended while you try an internal grievance, a union grievance, arbitration or mediation, although you can pursue those at the same time as your charge.