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The Statute of Limitations for an FMLA or ADA Claim

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    Private ADA Claims

    • Employees in the private sector must file a charge of disability discrimination under the ADA within 180 days of the last discriminatory act. The deadline is extended to 300 days if the state or local agency in your jurisdiction also provides legal protection for the same claim.

    Public ADA Claims

    • Federal job applicants and employees that are victims of disability discrimination are required to first contact an Equal Employment Opportunity counselor within 45 days of the occurrence of the discriminatory act. If you are notified by the counselor that your dispute cannot be resolved through mediation, a formal complaint must be filed within 15 days of receiving such notice.

    FMLA

    • To begin a private lawsuit claiming an FMLA violation, an employee must file a complaint within two years of the most recent act that constitutes a violation. In situations where the violation was willfully committed by the employer, the statute of limitations is extended to three years.

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