As with any other civil action, lawsuits based on employment discrimination are subject to statutes of limitations. The statute of limitations is a law which limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claimant can no longer receive any financial compensation, regardless of the merits of the claim.
Typically, in these type cases the statute of limitations is 3 years. However, the statute of limitations can be particularly tricky in employment discrimination cases. For one thing, the same act of discrimination can form the basis for both federal and state discrimination claims, each subject to a statute of limitations, but often the length of time for filing is not the same in both. Moreover, some states permit the term of the statute of limitations in these cases to be shortened or lengthened by contract between the parties.

Are you a lawyer?
![]() |