Right-to-Sue Letters
Understanding the timing, strategy, and litigation implications of EEOC right-to-sue letters in disability discrimination cases.
A right-to-sue letter from the EEOC is the gateway from administrative process to federal court litigation. It can be issued after the EEOC completes its investigation, after conciliation fails, or upon request by the charging party after 180 days. The timing of this letter — and how you respond to it — has significant strategic implications for your case.
The 90-Day Filing Deadline
Once a right-to-sue letter is issued, you have exactly 90 days to file a federal lawsuit. This deadline is strictly enforced and cannot be extended. If you miss it, your federal claims are barred — regardless of the merits of your case. This is why timing the right-to-sue request is a strategic decision, not an administrative formality.
When to Request a Right-to-Sue Letter
You can request a right-to-sue letter after 180 days, but whether you should depends on case strategy:
- If the EEOC investigation is producing favorable results, it may be strategic to let it proceed
- If the EEOC has offered mediation or is pursuing conciliation, premature withdrawal may forfeit resolution opportunities
- If the case requires immediate injunctive relief, early litigation may be necessary
- If the EEOC investigation is stalled or unlikely to produce a cause finding, requesting the letter may be the best path forward
Litigation Preparation
The right-to-sue letter is not the beginning of case preparation — it is the moment when months of strategic groundwork pay off. By the time we receive a right-to-sue letter, we have already drafted the charge strategically, responded to the employer's position statement, and built the evidentiary foundation for federal court. The complaint we file is informed by everything learned during the administrative process.
State Law Claims
In many jurisdictions, state law claims do not require EEOC exhaustion or have different exhaustion requirements. California FEHA claims, for example, require a separate right-to-sue from the CRD (formerly DFEH). We ensure that both federal and state administrative requirements are satisfied so that no claims are lost due to procedural gaps.
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