Not all prejudice is obvious. When an employer targets you because of your race—whether by dismissing your voice in meetings, passing you over for promotions, or punishing you more harshly than others—the impact can be subtle but devastating. In these situations, employees are usually left with at least one question: How long do you have to sue an employer for discrimination?
The answer? In many cases, not long at all. While the emotional fallout of racial discrimination can stretch indefinitely, there is a limited window to start the path to seeking justice: typically 180 or 300 days. However, filing a discrimination lawsuit is more complex than it seems. This is where Shields Petitti & Zoldan, PLC can help. Our attorneys are recognized as top plaintiff employment lawyers in Phoenix, respected by judges and feared by employers. We can help you understand your rights, explain your options after discrimination, and work with you to get the justice you deserve.
How Long Do You Have to File a Discrimination Lawsuit in Phoenix?
Both federal and Arizona discrimination laws impose strict deadlines, often called statutes of limitations, for taking legal action. The statute of limitations for racial discrimination is calculated from the moment you experience discrimination. For repeated discriminatory acts, like ongoing harassment, the timeline may restart with each incident. However, for single events, like being fired or denied a promotion, the deadline starts on the date the event occurred.
Importantly, many employees don’t realize that there’s another crucial step that comes before a lawsuit: filing an administrative complaint. You cannot sue for discrimination without filing a charge with the federal Equal Employment Opportunity Commission (EEOC) or Arizona’s Civil Rights Division (ACRD). This step is mandatory. You can proceed to court only after the agency closes your case or issues a right to sue letter.
The deadlines for filing administrative charges for race discrimination are as follows:
- EEOC—typically 180 days from the last date of discrimination, but up to 300 days if a state agency is involved; and
- ACRD—180 days from the last date of discrimination.
Different rules may apply if you work for a federal employer, including much shorter timelines. Federal employees must generally contact an EEO counselor within 45 days of the discriminatory incident.
How Long Do You Have to Sue an Employer for Discrimination?
Once you have filed your EEOC or ACRD charge and received your right to sue notice, you typically have 90 days to file a federal lawsuit. Miss that deadline, and your claim may disappear, no matter how strong your evidence is.
Arizona also allows individuals to sue under state law. In most cases, you must bring your lawsuit within one year of filing an administrative charge with the ACRD.
How Many Years Does an Individual Have to File a Discrimination Lawsuit?
The truth is that you must initiate most racial discrimination cases within one year or less. Federal and state laws are clear on this:
- Federal claims—180–300 days to file with the EEOC, then 90 days to sue; and
- Arizona state claims—180 days to file with the ACRD, then one year to file a lawsuit.
Do not wait until your memory fades, evidence disappears, or coworkers move on. Reach out to an attorney the moment you suspect racial discrimination. Timeliness can make or break your case. This is why it’s crucial not to delay speaking with experienced trial attorneys like those at Shields Petitti & Zoldan.
How Long to File a Discrimination Lawsuit After Leaving the Job?
Even if you no longer work for the employer, you can still file a discrimination lawsuit. However, the deadlines remain the same. The date of the act matters more than your employment status.
For instance, if your employer wrongfully terminated you because of your race, the clock likely started ticking on the termination date. No court will hear your case if you wait too long, no matter how blatant the discrimination was.
Do Not Let the Clock Run Out
At Shields Petitti & Zoldan, PLC, we are not just lawyers—we are litigators. With over five decades of combined experience, nearly $25 million recovered, and awards from Best Lawyers and Super Lawyers, we know how to take the fight into the courtroom and win.
If you are asking how long do you have to file a lawsuit against your employer, the answer is not long. But with the right legal team, your next chapter can begin today. Call us today to schedule a confidential consultation with a team that has earned the respect of the legal community and is prepared to fight tirelessly for you.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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