ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

What to Do if You Are Discriminated Against

If the Equal Employment Opportunity Commission (EEOC) does not file a lawsuit, is there a limit to how long I have to sue the discriminating party?

Yes. The statute of limitations is two years from the time you knew or should have known of the violation. If the violation was willful, you have three years to file a lawsuit.

Sometimes, it is hard to determine when a person should have known of the violation. Other times, however, the exact date is easy to pinpoint. For example, suppose you receive a letter on March 12 from your labor union stating that you are expelled, and you do not open the letter. On April 12, when your union dues are not taken out of your paycheck, you call and discover your expulsion. March 12 is the date when you should have known of the violation, and so that is when the statute of limitations began to run.