If you attended a wedding this summer, you probably sent your RSVP in response to a formal paper invitation. However, months before the invitation arrived, you may have received a “Save the Date” showing the happy couple’s wedding date and noting that an invitation will follow. These days, “Save the Dates” take many forms, whether it be a keychain, bookmark, or postcard. Regardless of how the date is initially conveyed, you should calendar it before the invitation arrives to keep track of your summer weekend plans. 

Calendaring various filing deadlines with the EEOC can feel a bit like juggling your social schedule, though it takes additional calculating. As you know, anti-discrimination laws allow for a limited amount of time to file a charge. Like any filing deadline, the clock may start running long before your client contacts you, shortening your time to investigate the circumstances and file the charge. For quick reference – like the Save The Date magnet prominently displayed on your refrigerator – keep this list handy for calculating and calendaring your filing deadlines: 

• 45 days – Federal employees and job applicants must contact an EEO counselor within 45 days of the alleged discrimination, with the time being extended only under certain circumstances. 
• 180 days – In general, you must file a charge within 180 days from the date of the discrimination.
• 300 days – The general 180 day filing deadline is extended to 300 days if a state or local agency enforces a law prohibiting employment discrimination on the same basis. However, keep in mind that the filing deadline for an age discrimination charge is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended to 300 days if only a local law exists prohibiting such discrimination.

The nature of the claim can also affect the time for filing the charge. For example, if multiple discriminatory events occurred, the filing deadline applies to each event. The EEOC offers the following example: 

…Let’s say you were demoted and then fired a year later. You believe the employer based its decision to demote and fire you on your race, and you file a charge the day after your discharge. In this case, only your claim of discriminatory discharge is timely. In other words, you must have filed a charge challenging the demotion within 180/300 days from the day you were demoted. If you didn’t, we would only investigate your discharge. 

The only exception to this rule is if your client experienced ongoing harassment. Under these circumstances, you must file the charge within 180 or 300 days of the last incident of harassment, as explained above. However, the EEOC will consider all incidents of harassment beyond the 180 and 300 day timeframes in its investigation of the charge. 

Note that the deadlines to file an EEOC charge are not tolled while you try to resolve the employment dispute through another avenue, such as an internal grievance procedure, union grievance process, or mediation. In other words, don’t count on a “plus one” in terms of an added day to file when you are up against the deadline. Rather, be sure to file the charge timely even if you are optimistic the claim may be otherwise resolved, keeping in mind that having a charge on file may also encourage settlement. 

As with any filing deadline, calculating and calendaring the deadline – along with periodic reminders to keep the matter on your radar – is critical to ensuring you timely file the charge. Best practices to avoid a legal malpractice claim for a missed deadline require you and your team to remain vigilant when it comes to maintaining your calendar. So, when you initially consult with the client and calculate the EEOC charge filing deadline, save the date – because there is no formal invitation to follow.