How long do I have to file a complaint of employment discrimination under the Americans with Disabilities Act (ADA)? The answer is — it depends on where you file? Let me explain.
When you have been discriminated against at your place of employment due to a disability, you may have an action through the ADA. Firs thing to know is that you can file your complaints at the Federal level with the EEOC, or the state level with the PA Human Relations Commission (PHRC), or you can elect dual filing, while you file with one. Whether you file with one or the other, it depends on several factors and you should speak with an attorney beforehand.
There are two things you need to know right away when choosing which agency, state or federal, to make your complaint. First, if your employer has less than 15 employees, then the EEOC is not a choice. You must file with the PRHC. EEOC only takes complaints under Title VII against employers who have 15 or more employees. On the other hand, PHRC accepts complaints against employers that have 4 or more employees.
Second, the time limitation to bring a complaint are different between the EEOC and the PHRC. With the PHRC, a claim must be filed within 180 days of the alleged act of discrimination, such as a termination, denial of employment, denial of promotion, etc . . . In order to file a claim with the EEOC, the claim must be filed within 300 days of the alleged act of discrimination.
Now, if you miss the PHRC deadline, does that mean you are barred from bringing any complaint? Not necessarily. If you failed to bring a claim within 180 days, but before 300 days, you will lose your right to pursue a claim for discrimination in state court under state law, but you can proceed with the claim through the federal courts under federal law.
If you feel that you have been discriminated against at work due to a disability, contact Mooney & Associates right away. We have 16 offices throughout Central Pennsylvania to meet at your convenience. Call today at 717-200-HELP or 1-877-632-4656.