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How Long Do I Have to File a Workplace Discrimination Claim?

After experiencing workplace discrimination, it often takes people some time to decide whether or not they are comfortable pursuing a formal claim. Many fear of retaliation, feel embarrassment, or worry about other perceived risks associated with filing a discrimination claim. While you never want to feel rushed as you choose the course of action that is right for you, it is important to note that there is a deadline for when you will no longer be able to file a workplace discrimination claim.

What is Workplace Discrimination?

Discrimination takes place when employees are not treated equally in the workplace.

Discrimination typically occurs due to:

  • Gender
  • Age
  • Race
  • Disability
  • National origin
  • Religion
  • Sexual orientation

In some cases, discrimination can even lead to people being laid off or fired, causing sudden financial stress.

What To Do If You’ve Experienced Workplace Discrimination

The first step you should take is to follow your company’s workplace discrimination reporting policy. It is important to do this before taking further legal action. After making a complaint with HR or your supervisor, document everything that you told them about your experience.

If your employer does not investigate your report or take further action to protect you, then you may want to take further legal action and file a claim. It is always a good idea to contact an employment attorney to discuss your situation before deciding on a course of action.

Deadline to File A Discrimination Claim

The amount of time you have to file a workplace discrimination claim is dependent on your state laws.

Generally speaking, you have 180 days from the date of the discriminatory action to file a charge with the Equal Employment Opportunity Commission (EEOC). However, this can be extended to 300 days if your state has laws that prohibit discriminatory behavior.

Withdrawing a Complaint

If you decide to file a formal charge with the EEOC and later wish to withdraw your charge and stop the investigation, you can do so at any time.

Utah Discrimination Lawyers

Unfortunately, workplace discrimination still occurs frequently. If you have filed a complaint with your employer and experienced further retaliation, consider taking legal action to protect your rights. Pearson Butler can help you more forward with a discrimination claim. We have helped numerous clients fight back against unjust workplace discrimination, and we want to help you too.