Q: How long do I have to file a lawsuit after an EEOC complaint?

A: You should contact an experienced employment attorney. A lot of time has passed since the mediation, and it may be too late to file a claim.

Ordinarily, if an EEOC mediation is unsuccessful, the EEOC will begin an investigation into your case.

• The EEOC will give you a “Notice of Right to Sue” letter if the investigation does not find that your employer

violated the law. This letter gives you permission to file a lawsuit in a court of law.

• If the investigation does find that your employer violated the law, the EEOC may try to settle with your employer.

• The EEOC’s legal team will determine whether the EEOC should file a lawsuit if a settlement cannot be reached.

If the EEOC decides not to file a lawsuit, it will issue you a “Notice of Right to Sue,” so you can bring your own

lawsuit.

• An EEOC investigation can be a lengthy process. If more than 180 days have passed since you filed your charge,

you can ask the EEOC for a “Notice of Right to Sue.” The EEOC must provide the notice if they cannot finish the

investigation within 180 days. Once the EEOC gives you a “Notice of Right to Sue,” the EEOC will close your case

and take no further action.

• Under some circumstances, you can ask for a “Notice of Right to Sue” before the EEOC has finished investigating

your claim, even before the 180 days have passed.

Once you receive a “Notice of Right to Sue” under any of those scenarios, you must file your lawsuit within 90 days.

Disclaimer: The information contained in this answer is provided for informational purposes only and should not be construed as legal advice. No viewers of this content should act or refrain from acting on the basis of any information included herein without seeking the appropriate legal advice on their particular facts and circumstances.