The filing clock usually starts on the date of the discriminatory event. Not when an employee decides to report it, leave the job, or seek legal help. For most workers in Minnesota, that window is 300 calendar days, but a separate state deadline may also apply, and missing either one can foreclose real legal options.
We’ve spent more than 50 years advocating for people in employment and civil rights disputes. One thing that experience has taught us: the difference between a charge filed with the Equal Employment Opportunity Commission and one filed with the Minnesota Department of Human Rights matters more than most workers realize, especially now.
How Long Do You Have To File an EEOC Charge in Minnesota?
In Minnesota, workers generally have 300 days from the alleged discriminatory act to file a charge of discrimination with the Equal Employment Opportunity Commission. A charge of discrimination is the formal complaint that begins the agency process. The 300-day period generally applies to claims involving employers with at least 15 employees, covering discrimination based on race, color, national origin, sex, religion, or disability. Federal age discrimination claims under the Age Discrimination in Employment Act require an employer with at least 20 employees and protect workers 40 and older.
The deadline runs in calendar days. Weekends and holidays count. Waiting until the final stretch creates unnecessary risk if any filing problem arises. The clock is tied to the date an employer made or carried out a specific decision, such as a termination or a denied promotion.
Filing an EEOC charge isn’t the same as filing a lawsuit. For many federal employment discrimination claims, the EEOC issues a right-to-sue notice after its process concludes, and the employee then has 90 days from receiving that notice to file in court.
Minnesota Department of Human Rights Filing Deadline
The Minnesota Department of Human Rights generally requires a discrimination charge to be filed within one year of the alleged discrimination. The agency administers the Minnesota Human Rights Act, a state law that prohibits workplace discrimination and other forms of unlawful discrimination. One important detail: a charge is filed when the agency receives a signed and notarized charge. Starting an intake process or speaking with a representative doesn’t count.
State and federal coverage can differ based on employer size. Minnesota law may apply to employers with even one employee, while federal law generally requires 15 or more, or 20 or more for age discrimination. The one-year state deadline and the 300-day federal deadline can both apply to the same situation, and preserving a state law claim through the MDHR doesn’t automatically preserve a federal claim through the EEOC.
Do You Need To File with Both EEOC & MDHR?
Workers who want to preserve potential federal rights must file with the EEOC separately and independently. Beginning October 1, 2025, the Minnesota Department of Human Rights and the EEOC no longer automatically cross-file charges, even when the same conduct may violate both state and federal law. Don’t assume that a filing with one agency protects every deadline, claim, or legal option.
When both state and federal claims are possible, confirming the filing approach promptly can prevent a procedural mistake from limiting available options. The analysis should account for which agency is receiving the charge, the date it receives the charge, the employer’s size, and the laws that may apply.
How the Deadline Applies to Different Discrimination Events
Each discrete employment action can have its own deadline. A discrete act is a separate, identifiable decision or event: a demotion, termination, denied promotion, denied accommodation, retaliatory discipline, or refusal to hire. An earlier event doesn’t extend the filing period for a later one, and a later event doesn’t revive an expired deadline for an earlier decision.
Retaliation can also create a separate deadline. An employee may report discrimination and later face a demotion, reduced hours, discipline, or termination. The timing of the retaliatory act may open a new filing window even if the original discrimination occurred well before it. A denial of reasonable accommodation can similarly trigger its own filing period under the Americans with Disabilities Act, which prohibits disability discrimination and requires employers to provide reasonable workplace accommodations.
Harassment is evaluated differently from a one-time employment decision. In a continuing harassment situation (meaning related conduct that forms part of an ongoing unlawful work environment) the EEOC generally measures the filing period from the last incident, though earlier related incidents may still be considered. That rule doesn’t transform every workplace conflict into continuing harassment; the incidents need a meaningful connection. Documenting dates, people involved, communications, and reports to management can help establish that connection.
Some claims follow different rules. Equal Pay Act claims may be brought in court without first filing an EEOC charge, and federal employees face different administrative procedures with typically much shorter initial contact deadlines.
What To Do If Your Filing Deadline Is Approaching
Start by building a dated timeline rather than relying on memory. Identify every termination, demotion, pay decision, accommodation request, denial, complaint to management, retaliatory act, and harassment incident. Save relevant emails, text messages, performance reviews, schedules, pay records, written policies, and notes identifying witnesses.
Internal reporting doesn’t pause the EEOC filing period. The same is true for a union grievance, mediation, or another workplace dispute resolution process. Those efforts may matter, but they aren’t a substitute for meeting an agency filing deadline.
Prompt guidance is particularly important when an employer has fewer than 15 employees, the facts involve both state and federal rights, or several incidents occurred over time. A careful review can help identify which events carry separate deadlines and whether a charge should be filed with one agency, both, or under a different procedure.
Deadlines Depend on the Details
There isn’t one universal deadline for every workplace discrimination claim. The right answer depends on the specific event, the legal theory, the employer’s size, the agency involved, and whether the conduct is a discrete employment decision or part of continuing harassment. Getting the analysis wrong at the start can cut off options before a claim ever moves forward.
If you have questions about a Minnesota EEOC filing deadline or possible filing options, our employment rights team at Nichols Kaster PLLP can discuss the timeline with you. Contact us at (877) 344-4628.