Stetson University College of Law
	FILING SUIT UNDER EEOC LAWS

Information Related to Filing Suit Under the Laws Enforced by the EEOC

(This information relates to filing suit in Federal or State court under Federal law.
If you also plan to sue claiming violations of State law, please be aware that time limits and other
provisions of State law may be shorter or more limited than those described below.)

Private Suit Rights - Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age of Determination in Employment Act (ADEA):

In order to pursue this matter further, you must file a lawsuit suit against the respondent(s) named in the charge within 90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to consult an attorney, you should do so promptly. Furthermore, in order to avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of this date this Notice was mailed to you (as indicated where the Notice is signed).

Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter alleged in the charge or, to the extent permitted by court decision, matters like or related to the matters alleged in the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office. If you have simple questions, you usually can get answers from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or make legal strategy decisions for you.

Private Suit Rights - Equal Pay Act (EPA):

EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: backpay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For example, if you were underpaid under the EPA for work performed from 7/1/96 to 12/11/96, you should file suit before 7/1/98 -- not 12/1/98 -- in order to recover unpaid wages due for July 1996. This time limit for filing an EPA suit is from the 90-day filing period under Title VII, the ADA or ADEA referred to above. Therefore, if you also plan to sue under Title VII, the ADA or the ADA, in addition to suing on the EPA claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.

Attorney Representation - Title VII and the ADA:

If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Count having jurisdiction in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests in such assistance must be made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above, because such requests do not relieve you of the requirement to bring suit within 90 days.

Attorney Referral and EEOC Assistance - All Statutes:

You may ask the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any question about your legal rights, including advice on which U..S. District Court can hear your case. If you need to inspect or obtain a copy of information in EEOC's file on the charge, please request it promptly in writing and provide your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge file, please males your review request within 6 months of this Notice. (Before filing suit, any request should be made within the next 90 days.)

We welcome your comments.
Please e-mail us at bickel@law.stetson.edu.

This page was last updated on 11/20/01.