ADEA lawsuit: earliest filing, 60 days after EEOC charge
60 days after date the adea charge was filed with the eeoc, under 29 U.S.C. 626(d)(1).
Rule text
(1) No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.
Calculate this deadline
- Trigger (Date the ADEA charge was filed with the EEOC): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Wednesday, January 6, 2027.
29 U.S.C. 626(d)(1)
(1) No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Earliest permissible filing date ('until 60 days after'): conservative reading is to file no earlier than the day after the computed date if the computed date is a weekend. No right-to-sue notice is required for the ADEA (no notice requirement in 626(d)). Earliest permissible filing date. 626(d)(1) bars suit 'until 60 days after' the charge; whether day 60 itself is permitted is ambiguous, so the date shown is day 61 (the first day that is safe under either reading). No right-to-sue notice is required for the ADEA. [Validation 2026-11, Q0274. Authority: 29 U.S.C. 626(d)(1)]
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the ADEA charge was filed with the EEOC on Monday, March 15, 2027, personal service: due Monday, May 17, 2027.
- Trigger (Date the ADEA charge was filed with the EEOC): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Monday, May 17, 2027.
Unsettled points
- The calculator shows day 61 after the charge as the first safe day to file an ADEA suit.Other reading: If suit may be filed on day 60, the first permitted day is one day earlier.
Notes
Earliest permissible filing date ('until 60 days after'): conservative reading is to file no earlier than the day after the computed date if the computed date is a weekend. No right-to-sue notice is required for the ADEA (no notice requirement in 626(d)). Earliest permissible filing date. 626(d)(1) bars suit 'until 60 days after' the charge; whether day 60 itself is permitted is ambiguous, so the date shown is day 61 (the first day that is safe under either reading). No right-to-sue notice is required for the ADEA. [Validation 2026-11, Q0274. Authority: 29 U.S.C. 626(d)(1)]
Related deadlines
- FEHA employment complaint: file with the Civil Rights Department (3 years) (36 months after)
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- FEHA civil action: file within 1 year of the CRD right-to-sue notice (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.