Do I Have To File a Claim With a Federal or State Employment Agency Before Bringing a Discrimination Lawsuit?

If you’ve experienced discrimination at work, your first thought might be to take your employer to court right away. But employment discrimination lawsuits don’t work like that.

In most cases, you must first file a charge with a government agency before you’re allowed to sue. This requirement catches many people off guard, and missing it can derail your case before it starts. Knowing how this process works and the deadlines involved is the key to protecting your rights.

Why You Must File First With an Agency

Federal anti-discrimination laws—like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA)—all require you to exhaust administrative remedies before going to court. That means you can’t sue until you’ve filed a charge with the Equal Employment Opportunity Commission (EEOC).

Filing a charge triggers an official process. The EEOC notifies your employer, gives them a chance to respond, and then investigates your allegations. The agency may interview witnesses, request documents, or schedule mediation. Even if the EEOC doesn’t find a violation, filing still preserves your right to sue once the process ends.

Many states also have their own enforcement bodies. These agencies enforce state discrimination laws, which sometimes provide broader protections than federal law. In Michigan, the Michigan Department of Civil Rights (MDCR) is the state enforcement agency.

Fortunately, you usually don’t have to file twice. The EEOC and state agencies (such as the MDCR) often have worksharing agreements. Filing with one agency typically counts as filing with the other. But you need to ensure your claim is submitted correctly, because choosing the wrong agency or missing a filing deadline can leave you with no legal recourse.

Deadlines You Cannot Miss

The timeline for discrimination claims is oftentimes short compared to other legal matters. Employees who wait too long can lose their right to sue forever.

Here’s what you need to know:

• You typically have 180 days from the date of the discriminatory act to file with the EEOC. However, if you live in a state with a state agency that investigates or prohibits the same type of discrimination (e.g., race, sex, disability, age, etc.) and they have a worksharing agreement with the EEOC, then the deadline is extended to 300 days. As a result, employees experiencing employment discrimination in Michigan have a 300-day deadline to file with EEOC for most claims.   
• If multiple discriminatory acts occur, each one may trigger its own filing deadline. Waiting until the last incident doesn’t always protect earlier claims.
• Once the EEOC completes its review, the agency will issue you a “Notice of Right to Sue.” After you receive the Notice of Right to Sue, you then have only 90 days to file your lawsuit in court.

These deadlines are firm. Courts rarely make exceptions. Even if you simply make a mistake or don’t know the rules, Courts will almost always refuse to extend your deadline. That’s why it’s so important to act quickly. Don’t assume you can wait until things calm down at work. Missing the window can cost you the chance to ever bring your case.

How the Process Can Benefit You

While the filing requirement may feel like red tape, it can help your case. An EEOC investigation creates a record of your complaint and your employer’s response, which can serve as valuable evidence later. Mediation through the agency may also give you a faster resolution than a full lawsuit, and some employers will only come to the table once they know the EEOC is involved.

Another advantage is leverage. When an employer receives notice of an EEOC charge, it signals that you’re serious and willing to enforce your rights. Even if the EEOC doesn’t rule in your favor, following the required process preserves your ability to sue and may encourage a settlement down the road.

Skipping this step is fatal in most cases. Courts will dismiss your lawsuit immediately if you haven’t filed with the EEOC or state agency first. It doesn’t matter how strong your evidence is; without exhausting administrative remedies, your case can’t move forward.

Why it Can be Important to Contact an Attorney Before You File with EEOC

Compared to formal court action, EEOC and the related state agencies have more relaxed and simple filing procedures and requirements. However, it remains important to properly file and accurately cite the laws that underly your legal claims when filing with the EEOC. Failure to do so could lead a Court to find that an employer did not have appropriate notice of the type of discrimination that occurred. Consulting with an attorney can ensure that your EEOC filings properly preserve all of your claims.

In addition, once you begin the EEOC process, it can be difficult or impossible to halt the investigative process. As a result, the EEOC may issue a Right to Sue before you have had an opportunity to consult with an attorney and/or before you’re ready to institute formal legal proceedings. It can be helpful to secure representation by an attorney before you begin the EEOC process as they may be able to negotiate with your employer or prepare your case to promptly file a lawsuit after the Right to Sue is issued.  

If you believe you’ve been discriminated against, don’t wait. Deadlines are short, and the process is confusing without guidance. The employment attorneys at Sommers Schwartz can help you file your charge properly, protect your rights during the investigation, and move your case forward in court if necessary. Contact us today to start the process and put yourself on solid legal ground.