FAQs Archive | Herrmann & Murphy

Q: How long do I have to file a race discrimination claim?

In North Carolina, you must file a charge with the EEOC within 180 days (six months) of the discriminatory act, such as the day you were fired or learned a promotion decision was made. In South Carolina, the deadline is 300 days (ten months). Don't wait to reach out to an attorney about your concerns. Once the filing deadline passes, your legal options are significantly limited regardless of how strong your case may be.

Q: Can I be fired and replaced with someone my own age and still have an age discrimination claim?

Possibly, if age was a motivating factor in the adverse action. The full context of how you were treated compared to younger employees matters more than the exact age of your replacement.

Q: Who is protected under the Age Discrimination in Employment Act (ADEA)?

The ADEA protects employees and job applicants who are 40 years of age or older. The law applies to employers with 20 or more employees, including private companies, state and local governments, and employment agencies. There is no upper age limit on protection. Younger workers are not covered under the ADEA, though other laws may apply in certain situations.