When must an ADEA age-discrimination charge be filed with the EEOC?

Section 626(d)(1) gives the ordinary ADEA charge route 180 days after the alleged unlawful practice. For the qualified section 633(b) state route, compare 300 days with thirty days after receipt of notice terminating state proceedings and use the earlier component. Regulation 1626.7 supplies distinct filing events for digital, mailed, written in-person and specified oral charges.

Responsible actor. The aggrieved person or authorized person filing the covered ADEA charge.

Establish the alleged age-discrimination event and applicable process.

Determine whether the state has an age-discrimination law and the required enforcing authority.

Preserve the actual charge and the route-specific filing evidence under regulation 1626.7.

This guide concerns the covered individual ADEA charge. A local law alone does not establish the age-discrimination state deferral qualification. Federal employment uses a different process.

1. The alleged discriminatory action, with qualified state-termination notice considered separately
2. Determine the ordinary 180-day or qualified earlier-of-300/30-day route before counting. Regulation 1626.7 separately identifies digital transmission, legible postmark, substitute letter date or receipt, written in-person receipt and specified oral communication reduced to writing. A generic receipt or court filing rule cannot replace those events.
3. Complete the sufficient ADEA charge and preserve its actual transmission, postmark, receipt or specified oral-communication record and any state proceeding notices.

Retained 2024 annual U.S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event. Court computation uses the retained December 1, 2025 FRCP compilation; identified agency regulations use their separately stated 2026 API editions.

The qualified state branch, earlier termination-notice comparison and route-specific effective charge filing require facts not captured by the one-date preset. No computed or paid deadline is supplied.

Fictitious ADEA charges are sent digitally, mailed with a legible postmark, and delivered in person. Regulation 1626.7 assigns distinct filing events. Those events cannot all be replaced with a generic court filing or EEOC receipt assumption.

The qualified state branch, earlier termination-notice comparison and route-specific effective charge filing require facts not captured by the one-date preset. No computed or paid deadline is supplied.

Mail route

Regulation 1626.7 uses the legible postmark, then specified fallback dates. Do not copy Title VII’s ordinary receipt rule into the ADEA mail branch.

Digital and oral routes

Digital transmission and the regulation’s specified received oral communication are separately defined filing events. Charge sufficiency still matters.

Age deferral qualification

EEOC guidance says a local law alone does not produce the ADEA 300-day extension.

Compensation practice

Section 626(d)(3) separately identifies compensation decision, subjection and application events, including resulting compensation payments. Establish the particular practice before choosing the charge trigger.

• This guide concerns the covered individual ADEA charge. A local law alone does not establish the age-discrimination state deferral qualification. Federal employment uses a different process.
• The qualified state branch, earlier termination-notice comparison and route-specific effective charge filing require facts not captured by the one-date preset. No computed or paid deadline is supplied.

• Establish the alleged age-discrimination event and applicable process.
• Determine whether the state has an age-discrimination law and the required enforcing authority.
• Preserve the actual charge and the route-specific filing evidence under regulation 1626.7.
• Regulation 1626.7 uses the legible postmark, then specified fallback dates. Do not copy Title VII’s ordinary receipt rule into the ADEA mail branch.
• Digital transmission and the regulation’s specified received oral communication are separately defined filing events. Charge sufficiency still matters.
• EEOC guidance says a local law alone does not produce the ADEA 300-day extension.
• Section 626(d)(3) separately identifies compensation decision, subjection and application events, including resulting compensation payments. Establish the particular practice before choosing the charge trigger.