Final answer:
An employee must generally file a charge of discrimination within 180 days of the discriminatory act, which can be extended to 300 days under certain conditions. This timeline is crucial for the employee's ability to pursue legal action under Title VII of the Civil Rights Act, as amended by the Lilly Ledbetter Fair Pay Act.
Step-by-step explanation:
An employee wishing to file a charge of discrimination with the Division of Human Rights must be aware of the statute of limitations that applies to their case. Under Title VII of the Civil Rights Act, a Supreme Court decision highlighted the issue with filing deadlines in the famous Lilly Ledbetter case, which led to the creation of the Lilly Ledbetter Fair Pay Act in 2009. This act altered the interpretation of discriminatory practices, including receiving a discriminatory paycheck as an act of discrimination itself, thus potentially resetting the statute of limitations with each paycheck.
However, specifics can vary depending on the type of discrimination alleged and the state in which the employee works, as state laws and federal laws may have different filing deadlines. Generally speaking, under federal law, the timeframe to file a charge is within 180 days from the date the discriminatory act occurred, which can be extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. It is critical for employees to know these timelines to ensure their ability to pursue legal action.