Age Discrimination Statute of Limitations

Timing Can Make or Break Your Claim

When you believe you've experienced age discrimination at work, timing can determine whether a wrongful act becomes a legal case, or a missed opportunity. Both federal and state laws enforce strict filing deadlines. Meeting these dates isn’t optional, it's essential to preserving your rights. Even strong evidence loses value if the claim is filed late.

At Horn Wright, LLP, our employment law attorneys walk every client through the exact timeframes that apply. We clarify which actions count as “discriminatory,” ensure filing is accurate and prompt, and prevent avoidable mistakes. Acting late doesn’t just delay justice, it annihilates it.

How Long You Have to File in New York (and Why You Shouldn’t Wait)

In New York, employees have 300 calendar days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC), based on overlapping state law protections. That same act allows for timely filing with the New York State Division of Human Rights (NYSDHR). Act fast, because waiting gives your employer an easier defense and can limit your chances of compensation.

• Internal HR discussion, wait times for investigations, or emotional hesitation do not pause or extend your deadline. The clock doesn’t stop simply because you hope for resolution or fear repercussions.
• Delays often result in lost rights, especially when multiple acts of discrimination occur. Filing early preserves not only the initial act but also creates the opportunity to address subsequent ones.
• Even when waiting for internal resolution, you may consult legal counsel confidentially. That step helps preserve filing accuracy while respecting investigation procedures. If you delay too much, however, your case could become untimely, and therefore invalid.

Our team’s priority is ensuring every claim is filed well before the limit, not just counted on the last day. That’s how we preserve every path to justice.

Federal vs. State Deadlines

• For federal claims under the Age Discrimination in Employment Act, if your employer has 20 or more employees, you must file with the EEOC within 300 days of the discriminatory decision or practice. Courts have upheld these limits strictly, so there is no “soft extension” for older workers or delayed discovery.
• Under New York State Human Rights Law, you typically have one year to file a complaint with the NYSDHR. This longer window exists to accommodate delays, uncertainties, and internal processes, but it does not override the federal deadline.
• To preserve both federal and state remedies, many claimants file concurrently or cross-file. This dual approach ensures access to both types of relief, including emotional distress damages, which are only available through the state law channel.

Navigating deadlines in both jurisdictions requires precision and clarity. Horn Wright, LLP, ensures you remain eligible under both systems, so no possibilities slip away before they reach legal review.

What Triggers the Clock to Start Running

The statute of limitations begins on the date a discrete adverse employment action occurred, like a denial of promotion, work reassignment, disciplinary notice, or termination. It does not pause for internal HR processing or an extended investigation. Courts do not provide grace periods for these delays.

• If the employer sends performance warnings on May 1 and terminates on August 3, your deadline runs from the earlier April or May date, not the termination date.
• Continued adverse conduct on multiple occasions opens multiple limitations periods. Each incident may be actionable if it occurred within your legal window.
• Under ADEA § 626(d) and NYSHRL § 297(5), internal HR timelines do not extend your external filing rights. That means even if HR says “we’ll investigate,” your clock is still ticking.

Because the law defines triggers very strictly, our employment law attorneys guide New York clients to log incidents immediately and never rely solely on employer feedback or assurances.

Unlike Vermont, New York Allows Claims to Proceed Even After Internal HR Processes Delay Filing

Some states, such as Vermont, treat internal grievance processes as part of the filing timeline and may reduce your external window accordingly. That means grappling with internal red tape could count against your rights.

New York is different. Filing with the NYSDHR or EEOC is separate from internal HR actions. You may remain inside an internal process without jeopardizing your legal window, so long as you file your external charge on time.

• That separation helps employees who seek resolution internally first but want to protect their legal rights simultaneously.
• Employers can't argue internal procedures should excuse a late external filing.
• Legal guidance ensures that both internal and external paths stay open, so you don’t accidentally forfeit your claim.

If internal delays arise, Horn Wright, LLP's employment law attorneys provide clear steps, helping you file externally before deadlines while still participating in internal discussions when appropriate.

Filing in Multiple Agencies: What You Should Know

New York allows dual-filed claims: your charge to the EEOC is usually automatically cross-filed with the NYSDHR. This preserves both federal and state pathways, but only if you respect deadlines in both.

• A well-written, detailed initial charge increases your chances of preservation under both laws. Submitting incomplete or vague information may lead to dismissal in one or both agencies.
• Even if the agencies coordinate, follow-up documentation may be required separately by each agency. You must be ready.
• Filing timelines don’t restart if one agency rejects or dismisses your case; deadlines remain anchored to the original incident date under federal law.

How to Preserve Your Right to Sue

• After you've filed and the EEOC does not resolve your complaint within 180 days, you must request a Right to Sue letter. Once issued, you typically have 90 days to file a federal lawsuit. If you wait beyond 90 days, your right to file in court is lost, even if your original charge fell within 300 days.
• If the EEOC issues a letter or closes your case before that point, the 90-day deadline begins immediately. Delaying legal counsel at that juncture can result in a loss of court access.
• Under NYSHRL, once administrative remedies are satisfied or exhausted, you may file a lawsuit in state court if needed. But that often depends on meeting internal complaint prerequisites first. Failure to request the letter promptly—or missing the window—eliminates federal litigation options.

Our employment law attorneys manage this precisely, tracking filing dates, requesting letters when appropriate, and ensuring no deadlines are missed in the transition from EEOC to litigation.

Horn Wright, LLP, Will Make Sure You Don’t Miss Your Window

Missed deadlines don’t just delay justice, they can destroy your case entirely. That’s why Horn Wright, LLP’s employment law attorneys prioritize prompt action. From first incident to filing, through cross-filing, and into litigation, we map every deadline carefully to preserve all legal avenues.

When timing matters, and it always does, you need a firm that understands how delays can harm your rights. We help you avoid missteps and pursue every available remedy.

Visit our page demonstrating why clients choose us to hire one of the best law firms in America for deadline-sensitive claims, so you can proceed with confidence—and never lose your opportunity to file.