Question

In cases of alleged discrimination, an individual must first file an administrative charge with the EEOC (the federal agency responsible for enforcing antidiscrimination laws) or with the state agency responsible for handling such charges. If the complainant does not file a discrimination act under Title VII of the 1964 Civil Right Act because his/her state has its own agency that processes/investigates charges of discrimination, how long does the complainant have to instead file with the EEOC?

a) 90 days
b) 180 days
c) 270 days
d) 365 days

Answer 1

The deadline for filing a discrimination charge with the EEOC after first filing with a state agency is 180 days, but this can extend up to 300 days if the state has its own antidiscrimination law and agency.

Step-by-step explanation:

The correct answer to the question is (b) 180 days. When a state has its own agency to process and investigate charges of discrimination, a complainant has 180 days to file the charge with the Equal Employment Opportunity Commission (EEOC). However, if the state where the discrimination occurred has a law prohibiting the same type of discrimination and a state agency authorized to grant or seek relief from such discrimination, the complainant may have up to 300 days to file a charge with the EEOC.

Title VII of the Civil Rights Act of 1964 strictly prohibits employment discrimination based on race, color, religion, sex, or national origin. The EEOC plays a critical role in enforcing these antidiscrimination laws, and its involvement is a necessary step before any federal lawsuit can be initiated. The stipulated timeframe for filing a charge is critical because claims filed after the deadline are generally barred from further action.