How Long To File a Lawsuit After EEOC?

Do You Have To File With EEOC Before Suing?

Before filing an employment discrimination lawsuit in federal or Florida state court, an employee MUST submit a formal charge of discrimination to the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces laws against workplace discrimination.

Additionally, in Florida, a charge of discrimination can also be filed with the Florida Commission on Human Relations (FCHR), which is the state’s civil-rights agency responsible for enforcing state anti-discrimination laws.

What Happens If The EEOC Dismisses Your Case

If the EEOC dismisses the charge, it notifies the employee (or their lawyer) and issues a right-to-sue letter. To help you visualize the process better, here is a simplified roadmap:

1. Submit a Charge of Discrimination: This is your firsts step, where you officially file your complaint with the EEOC.
2. Receive the Right-to-Sue Letter: If your charge is dismissed, the EEOC will send you or your lawyer this crucial documents.
3. File a Civil Lawsuit: You must not proceed to file your lawsuit against the named individuals within 90 days of receiving the notice.

The 90-Day EEOC Right To Sue Deadline Is Strict

The 90-day period is strictly enforced; if it expires, the employee is barred from pursuing the claim and missing the deadline almost always results in dismissal.

When Filing Too Late Dooms Your Case

For example, if the EEOC issued a right-to-sue letter on May 26, 2025, but Maria, the employee, waited over a year to file suit, the court would likely dismiss Maria’s complaint as untimely for missing the 90-day deadline and for late service.

Can A Case Be Dismissed For Lack of Service?

Federal and Florida Rules of Civil Procedure require plaintiffs to serve defendants within 90 days of filing the complaint, unless there is good cause for delay or the defendant waives service.

If an employee does not serve the employer within 90 days and cannot show good cause or obtain a waiver, the court may dismiss the case without prejudice.

What Does a Dismissal Without Prejudice Mean

A dismissal without prejudice ends the case, but the plaintiff may refile if the statute of limitations has not expired and all procedural requirements are met.

Dismissal With Prejudice: You Lose Your Right to Refile

A dismissal with prejudice is a final judgment. You generally cannot refile those employment discrimination claims.

Why Missing Deadlines Can Effectively Bar Your Claim

Even a dismissal without prejudice can lock you out of court forever if the statute of limitations or 90-day deadline has passed. Once these deadlines are missed, a new filing would likely be time-barred, leaving no further opportunity to pursue the case.

Why You Need A Davie Employment Lawyer

Sleep easier knowing every deadline is handled by hiring an experienced Davie employment lawyer as early as possible. Avoid missing the statute of limitations, EEOC 90-day deadlines, or service requirements. A Davie employment attorney will help protect your right to sue by managing all critical deadlines.