When an employee believes they have been subjected to unlawful discrimination, one of the most critical things to understand is what legal deadlines apply to their potential claims. If an employee does not take the right legal steps within the applicable deadlines, they can forever lose even the strongest discrimination claim. These deadlines are known as statutes of limitations, and they vary depending on the type of claim and the law under which it is brought. So employees seeking to vindicate their rights must understand the statutes of limitations for employment discrimination. This article gives an overview of some of the more common statute of limitations for discrimination claims under key federal and Ohio employment laws.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline that determines how long a person has to file a claim or take a specified legal action. Courts strictly enforce these deadlines, and when employees miss them, they typically lose the right to ever pursue their claims. That’s true no matter how strong the claim is on the merits, and even if they miss the deadline by only a single day.
In employment cases, the statute of limitations for discrimination often begins to run on the date of the alleged discriminatory act, such when an employee finds out they are being terminated, demoted, suspended, denied a promotion, or denied a reasonable accommodation. It is commonly more complicated than that of course, particularly in sexual harassment cases, where the conduct usually occurs over a period of time. Because of that, it’s critical for employees to consult an employment attorney as soon as possible to avoid missing any mandatory discrimination statutes of limitation.
Discrimination statutes of limitations for common federal employment laws
The most commonly used federal employment discrimination law is Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), as well as national origin. Under Title VII, there is a necessary legal step before employees can file a lawsuit. They must first file what’s called a “Charge of Discrimination” with the U.S. Equal Employment Opportunity Commission (the “EEOC”). For employees in Ohio, the statute of limitations to file with the EEOC on Title VII claims is 300 days from the discriminatory action. If an employee misses that deadline, they will typically not be able to later file a Title VII discrimination claim.
After filing the charge, there is another critical time deadline under Title VII. Once the EEOC closes its investigation it will issue what’s called a “Right to Sue” letter, which permits the employee to then file their discrimination claim in court. The deadline to file a federal employment discrimination lawsuit after receiving the Right to Sue letter is 90 days. Missing this 90-day deadline is fatal to the employee’s right to file the case and vindicate their rights.
It’s critical that employees contact a lawyer as soon as possible after receiving a Right to Sue letter and not wait until the 90-day deadline is almost up.
The ADA statutes of limitation track Title VII’s deadlines
The other most common federal employment law is the Americans with Disabilities Act, prohibitis discrimination against qualified individuals with disabilities. The ADA also requires employers to make reasonable accommodations of workplace policies and procedures when needed to permit employees to fulfill the essential functions of their jobs.
As with Title VII claims, ADA discrimination claims must first be filed with the EEOC. And as with Title VII, the timeline to file a Charge of Discrimination under the ADA is 300 days for Ohio employees. Under the ADA, the discriminatory act might be termination, demotion, or failure to promote. But it might also be failure to provide a reasonable accommodation to an employee. Once the EEOC issues its Right to Sue Letter, the employee again has only 90 days to file the lawsuit under federal law.
Because ADA claims often involve ongoing accommodation discussions, determining when the statute of limitations begins to run can be complicated. That makes it vital for employees to contact an attorney early in the process to ensure they don’t inadvertently miss a legal deadline.
The Family and Medical Leave Act has its own statute of limitations
In general, the FMLA provides eligible employees with up to 12 weeks of job-protected (but unpaid) medical leave for their own serious health conditions, pregnancy, or for the serious health conditions of a close family member. Unlike Title VII and the ADA, however, employees with FMLA claims are not required to first file a Charge of Discrimination with the EEOC. In fact, they cannot; the EEOC does not investigate claims that an employer violated the FMLA. Instead, the FMLA permits employees to go directly to court. The statute of limitations for discrimination and retaliation claims under the FMLA is typically two years. But in cases where employees can prove a “willful” violation by the employer, the FMLA extends the statute of limitations to three years. Unsurprisingly, whether an employer’s violation was “willful” is usually disputed and depends heavily on the facts. As a result, the safest course of action for employees in FMLA cases is to file within two years.
Ohio has its own statute of limitations for discrimination cases
Apart from federal law, Ohio has its own employment discrimination statutes. Contained in Ohio Revised Code Chapter 4112, Ohio law essentially mirrors federal employment discrimination law. The time limit to bring those claims is different than under federal law however.
Under Ohio law, employees with employment discrimination claims must first file a Charge of Discrimination, but with the Ohio Civil Rights Commission (the “OCRC”). The statute of limitations to file employment discrimination claims in Ohio is two years from the unlawful discriminatory act.
Unfortunately, it gets more complicated from there. Figuring out the deadline for when employees must file their lawsuit in court after the OCRC issues its Right to Sue Letter is not always straightforward. Rather, it depends on how much time was left on the two years when the employee filed the Charge. That means employees should talk to an employment lawyer to avoid accidentally missing their deadline to file a lawsuit under Ohio law.
The statute of limitations in employment discrimination matters
Employment discrimination laws are only effective if claims employees file on time. Because those deadlines are strictly enforced, and because they can vary, employees facing discrimination should talk to a lawyer as soon as possible. Understanding the statute of limitations for employment discrimination is often the first—and most critical—step protecting your rights. Employees who wait too long might find themselves out of luck.
