Exhaustion of Administrative Remedies and Statutes of Limitations Under Employment Discrimination Laws

by Practical Law Labor & Employment

A Practice Note that explains the critical requirement for plaintiffs to exhaust administrative remedies before suing a private employer in federal court. This Note details this procedural obligation, which serves as a key affirmative defense for employers in cases under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). It outlines the statutes of limitations for filing a charge with the Equal Employment Opportunity Commission (EEOC) and for commencing a lawsuit after receiving a right-to-sue letter. This resource further explores how the time limits accrue for different claims, such as discrete acts, hostile work environments, and compensation discrimination. It also discusses the scope of claims and parties that can be included in a lawsuit based on the original charge and outlines potential exceptions that may extend filing deadlines, including equitable tolling and waiver.