A Right to Sue letter is a legal document sent by the U.S. Equal Employment Opportunity Commission (EEOC). It gives a worker official permission to file a lawsuit against their employer in federal court for job discrimination. The EEOC sends this letter after it finishes reviewing a complaint or decides not to take further action.
This letter usually comes after a worker reports discrimination based on race, gender, age, disability, religion, or another protected category under laws like:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
The Right to Sue letter is not a judgment or a decision on whether discrimination happened. It only means the person is now free to take their case to court. Once the letter is received, the person has exactly 90 days to file a lawsuit. If they miss the deadline, the case may be thrown out.
Key Takeaways
- A Right to Sue letter gives you legal permission to file a discrimination lawsuit in federal court.
- You have 90 calendar days from the date you receive the letter to file your lawsuit.
- You can request the letter early if 180 days have passed since filing with the EEOC.
- Missing the deadline usually means losing your right to sue, unless rare exceptions apply.
- Legal help is strongly advised to file correctly and strengthen your case.
- The EEOC does not decide guilt—the letter only allows you to take the case to court.
- Keep all documents and proof of delivery dates to protect your rights.
When Does the EEOC Issue a Right to Sue Letter?
The EEOC sends a Right to Sue letter in three main situations:
- After an Investigation Ends
If the EEOC finishes its investigation and doesn’t find enough proof of discrimination, it closes the case and sends the letter. - At the Employee’s Request
If 180 days pass after filing the complaint and the EEOC hasn’t finished the investigation, the employee can ask for the letter. The EEOC usually agrees unless it’s close to completing the case. - If the EEOC Chooses Not to Sue
In some cases, the EEOC believes discrimination likely happened but decides not to file a lawsuit. Instead, it gives the employee the right to sue on their own.
The letter gives the employee exactly 90 days to take legal action in federal court. This deadline starts the day the person receives the letter—not the date it was mailed. Courts assume the letter is received within 3 to 7 days unless proven otherwise.
What Happens After Receiving a Right to Sue Letter?
Once someone receives a Right to Sue letter, the clock starts ticking. They have exactly 90 days to file a lawsuit in federal court. If the case isn’t filed within that time, the court will likely dismiss it—no matter how strong the claim is.
The first step is usually to contact an employment lawyer. A lawyer helps:
- Check the exact deadline based on the date of receipt
- Prepare the legal complaint following court rules
- Collect evidence like emails, witness statements, or pay records
- Decide whether to file in federal or state court (if both are options)
It’s important not to delay. Waiting too long can make it harder to find a lawyer or gather needed documents. Also, weekends and holidays count toward the 90 days.
If the lawsuit is filed on time, the court will begin reviewing the claim, and the legal process starts.
Can You Request a Right to Sue Letter Early?
Yes, you can ask the EEOC for a Right to Sue letter after 180 days from the date you filed your discrimination charge—even if the EEOC hasn’t finished its investigation. This is called an early Right to Sue request.
To request it, you must:
- Submit a written request to the EEOC
- Wait 180 days after your complaint was filed
- Accept that the EEOC will stop its investigation
Once granted, the EEOC will issue the letter, and the 90-day deadline to file a lawsuit begins. Requesting it early may help if you feel the EEOC is taking too long or you want to move forward with your case sooner.
However, asking for it early means giving up the chance for the EEOC to finish its investigation or possibly help settle the case. That’s why some people choose to wait, especially if they don’t have legal help yet.
How Does a Right to Sue Letter Affect Your Case?
A Right to Sue letter shifts responsibility from the EEOC to you. Once the letter is issued, the EEOC closes its file, and you are fully in charge of moving your case forward in court.
This letter does not mean the EEOC found proof of discrimination. It simply gives you the right to take your employer to court.
There are two common situations:
- If the EEOC finds no violation: You still get a Right to Sue letter, but you must prove your case without EEOC support.
- If the EEOC finds a violation but won’t sue: You may have a stronger case, but you’re still responsible for filing the lawsuit on time.
The letter gives you access to federal court, but winning your case depends on having strong evidence, proper legal arguments, and following court procedures.
Are There Exceptions to the 90-Day Deadline?
In most cases, the 90-day deadline after receiving a Right to Sue letter is strict. If you miss it, the court will likely dismiss your case. However, some rare exceptions can extend this deadline through a legal concept called equitable tolling.
Courts may allow extra time if:
- You never received the letter due to a wrong address or EEOC error
- You were misled by the EEOC or another official about your rights
- You had a serious condition or emergency that made legal action impossible
Even in these situations, the rules are strict. You must show strong proof, like medical records, returned mail, or written misinformation.
Judges decide each case individually. That’s why it’s important to act quickly and document everything, including the date you got the letter.
What Is the Role of Attorneys in the Right to Sue Process?
An employment attorney plays a key role after you receive a Right to Sue letter. From the moment the 90-day window begins, every step becomes time-sensitive and legally complex. A lawyer helps make sure your case is filed correctly and on time, which is essential for keeping your claim alive.
Attorneys begin by reviewing your EEOC file and confirming the exact deadline based on when the letter was received. They also check whether your claim fits the legal requirements for discrimination under laws like Title VII, the ADA, or the ADEA. If your claim doesn’t meet certain standards, the case could be dismissed before trial.
In addition, lawyers help gather the right evidence. This can include emails, witness statements, company policies, or performance reviews. They organize the facts into a legal complaint, following court formatting rules, deadlines, and jurisdiction requirements. A single mistake in the filing process—such as naming the wrong defendant or using the wrong court—can harm your case.
Attorneys also evaluate whether it’s better to settle the case before going to court. They can negotiate with your former employer’s legal team, possibly reaching a financial agreement without the need for trial. If a settlement isn’t possible, the lawyer will represent you in court and guide you through each stage of litigation.
Without legal help, people often miss deadlines, use incorrect legal terms, or fail to present enough evidence. That’s why many legal experts recommend speaking to a lawyer as soon as you receive the Right to Sue letter.
What If You Didn’t Receive the Letter or Missed the Deadline?
If you didn’t receive your Right to Sue letter, courts generally assume you did unless you can prove otherwise. Legally, it’s presumed to be delivered within 3 to 7 days after the EEOC mails it. That means your 90-day countdown starts even if the letter was delayed—unless you can show solid evidence of a delivery issue.
Examples of acceptable proof include returned mail, incorrect address records, or written statements from the EEOC confirming a mailing error. Without this, the court will likely count the deadline from the mailing date, not the day you actually saw the letter.
If you missed the 90-day deadline entirely, filing late usually results in your case being dismissed. The only way around this is through equitable tolling, a rare legal exception. Courts use it only when a person has no fair chance to file on time—such as being misled by the EEOC, facing serious illness, or lacking access to the letter due to no fault of their own.
Even in these rare cases, the court expects you to act quickly once the issue is known. Judges look for signs that you tried to protect your rights. That’s why it’s important to keep all EEOC letters, track dates, and save mailing envelopes.
Examples of Cases Involving a Right to Sue Letter
Real-life cases show how important it is to handle a Right to Sue letter correctly. Even strong claims can fail if the rules aren’t followed. Here are a few examples:
In one federal case, an employee filed a lawsuit 93 days after receiving the Right to Sue letter. The judge dismissed it, stating that the law clearly sets a 90-day limit. The strength of the discrimination claim didn’t matter—the case was legally late.
In another example, a worker requested a Right to Sue letter early after 180 days passed. They were prepared with a lawyer and filed the lawsuit just 20 days later. Because they acted quickly and had strong documentation, the case moved forward in court and later ended in a settlement.
There are also cases where employees never saw the letter because it was sent to an old address. In a few of these, courts allowed extra time—but only when the person showed proof of the mailing problem and filed right after discovering it. Without evidence, courts stuck to the 90-day rule.
These examples show that the letter doesn’t decide the outcome, but how you respond to it often does. Timing, documentation, and legal help can make the difference between moving forward or losing your right to sue.
Frequently Asked Questions About Right to Sue Letters
Can I sue without a Right to Sue letter from the EEOC?
No. For most federal discrimination claims under laws like Title VII, the ADA, or ADEA, you must first file with the EEOC and receive a Right to Sue letter before going to court.
Do I need a lawyer to file a lawsuit after getting the letter?
No, but it’s strongly recommended. Filing alone is risky—legal terms, deadlines, and evidence rules are complex. One mistake can cause your case to be dismissed early.
What if the letter was sent to the wrong address?
If the EEOC mailed it to an outdated or incorrect address, you may be able to extend the deadline. You’ll need to show proof—such as undelivered mail or address records—to argue for more time in court.
Can I get more than 90 days to sue?
Only in rare situations. Courts may allow extra time if you faced serious illness, misinformation from officials, or delivery errors. But this is called “equitable tolling” and is not guaranteed.
What if I lost my Right to Sue letter?
You can request a copy from the EEOC office where your charge was filed. They may send a duplicate or confirm the issue date so you can calculate your deadline correctly.
Does the Right to Sue letter mean the EEOC found discrimination?
Not always. Most letters are issued when the EEOC closes a case without making a final decision. The letter simply gives you the legal right to sue on your own.
Can I still settle with my employer after getting the letter?
Yes. You can still negotiate or reach a settlement before the case goes to trial. Many employers choose to settle during the early stages of a lawsuit.
Is the deadline counted in calendar or business days?
Calendar days. Weekends and holidays count toward the 90-day deadline. If the last day falls on a weekend or court holiday, the deadline moves to the next business day.