Agency charges: distinguish EEOC from PHRC

The EEOC Pittsburgh office describes a 300-day charge period for specified discrimination claims in Pennsylvania against covered employers: generally 15 or more employees for the listed Title VII and ADA bases, and 20 or more for age discrimination. Federal employee complaints follow a separate process, generally beginning with contact with an EEO counselor within 45 days.

The PHRC generally requires an employment discrimination complaint within 180 days. The PHRA generally covers employers with four or more employees, with exceptions. A federal charge period does not replace the state period. Confirm whether a complaint was actually filed and whether dual filing preserves the intended claims.

Court filings: watch the notice and the law

For many federal discrimination claims, receipt of an EEOC Notice of Right to Sue starts a 90-day lawsuit period. The receipt date matters. ADEA age claims have different prerequisites, and Equal Pay Act claims do not require an EEOC charge before suit. Pennsylvania discrimination claims have separate procedural requirements; do not apply the federal notice rule to every state claim.

Wage, leave and termination claims use different rules

The usual FLSA limitations period is two years, potentially three for a willful violation. FMLA court claims also generally use a two-year period, potentially three for willful violations. Other wage, contract, whistleblower, grievance or employment claims may have different periods and prerequisites. A label such as wrongful termination does not identify the controlling deadline.

Do not wait for every fact to be resolved

Different acts can have different filing dates. Rules for ongoing harassment, discrete decisions and when a claim begins are not interchangeable. Internal grievances, negotiations or an inquiry to a law firm generally should not be treated as a pause in an agency deadline. Provide dates and documents promptly for an individual assessment.

  • When each decision occurred and when you learned of it
  • Your employer, work location and approximate workforce size
  • Signed filings, agency notices and dates of receipt

Common questions

What employees ask us

Does scheduling an EEOC interview file my charge?

Do not assume it does. An inquiry, appointment and filed charge are different steps. Confirm the filing status and applicable requirements directly rather than relying on an appointment date.

What if a date may already have passed?

Seek an individual assessment promptly. The claim, facts, other available routes and any applicable exceptions need review. Do not assume either that every option is lost or that an exception extends your time.

Official information

Content updated October 21, 2026. General information; individual circumstances and applicable law matter.