Employment discrimination can take many forms, including, but not limited to, unfair treatment based on age, religion, race, gender, or disability. Recent data shows that employment discrimination may be on the rise, with the Equal Employment Opportunity Commission (EEOC) receiving 88,531 new charges of discrimination in the fiscal year of 2024, an increase of more than 9% over 2023.
Understanding when and how to take legal action for employment discrimination is more important than ever to protect your rights. Below, we’ll discuss what the statute of limitations is in North Carolina and South Carolina, as well as how missing these deadlines can prevent you from pursuing justice.
If you believe you may have experienced workplace discrimination and are unsure how much time you have to file a complaint against your employer, reach out today for a consultation with the employment discrimination attorneys at Herrmann & Murphy.
What is a Statute of Limitations?
In the context of employment discrimination, a statute of limitations is the window during which you can file a legal claim with the EEOC or pursue a lawsuit against your employer. These EEOC time limits are in place to address claims promptly while evidence and witness testimony are still fresh.
Failing to file within the statute of limitations may result in your case being dismissed, no matter how strong your evidence might be. As soon as you suspect you’ve been a victim of discrimination, it’s important to seek legal advice right away to avoid missing the filing deadline.
A discrimination attorney can guide you through the entire process, including helping you determine if you have an employment discrimination case, and help ensure that your claim is filed within the appropriate time frame.
Filing Deadlines for Employment Discrimination in North Carolina & South Carolina
EEOC is the federal agency responsible for enforcing anti-discrimination laws. If your employer does not resolve your complaint, the next step is to file a Charge of Discrimination with the EEOC at a local or regional office. The EEOC allows employees to file their complaints online and in person.
The filing deadlines for discrimination claims vary by state and can depend on whether you file under federal or state law.
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North Carolina Employment Discrimination Filing Deadlines
In North Carolina, you must file your claim with the EEOC within 180 days from the date the discriminatory act occurred. This timeline is set under federal law, and the state does not provide an extension.
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South Carolina Employment Discrimination Filing Deadlines
South Carolina offers a longer window to file an employment discrimination claim. Employees in South Carolina have 300 days to file with the EEOC. Individuals in South Carolina may also file with the South Carolina Human Affairs Commission but must do so within 180 days, after which the complaint is then transferred to the EEOC.
If you’re uncertain about which timeline applies to your situation, or if your claim involves ongoing discrimination or retaliation, it’s important to consult with an experienced employment discrimination attorney as soon as possible.
How a Workplace Discrimination Lawyer Can Help
While it’s always best to take action quickly, the specifics of your case matter. For example, if there were extenuating circumstances that delayed your ability to file, you might qualify for an extension or exemption.
Additionally, an employment discrimination lawyer can assist with documenting the details of your unique case, filing the necessary paperwork with the EEOC, and ensuring you meet all deadlines. Consulting with a workplace discrimination attorney early on increases your chances of success and protects your rights throughout the process.
Consult Our North Carolina and South Carolina Discrimination Lawyers
Every individual has the right to feel safe and respected in the workplace. If you believe you have experienced employment discrimination in North Carolina or South Carolina, contact the experienced attorneys at Herrmann & Murphy to discuss your concerns. Our team is dedicated to helping employees navigate the complexities of workplace discrimination and secure the justice they deserve.
To discuss your case, submit an intake form online or make an appointment at one of our two convenient locations:
- To reach our Charlotte, North Carolina law office: Call (704) 940-6399
- To reach our Greenville, South Carolina law office: Call (864) 516-7526
OUR RESULTS: See our employment discrimination lawsuit settlements and other notable case results.
