Title VII lawsuit: 90 days after EEOC right-to-sue notice
90 days after date the eeoc right-to-sue notice was given (received), under 42 U.S.C. 2000e-5(f)(1).
Rule text
the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge
Calculate this deadline
- Trigger (Date the EEOC right-to-sue notice was given (received)): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
42 U.S.C. 2000e-5(f)(1)
the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the chargeOfficial 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
- Statute says 'after the giving of such notice'; courts generally run the period from receipt (case law, not verified here). Conservative: enter the date the notice was issued/emailed if receipt is uncertain. Computation: FRCP 6(a) applies to a federal statute that does not specify a method of computing time; roll to the next day that is not a Saturday, Sunday or FRCP 6(a)(6) legal holiday (federal holidays incl. Columbus Day, plus California-declared holidays for forward periods). The engine's CA judicial holiday list is an approximation. If suing in state court on Title VII claims, CCP 12a would also roll. No mail extension (FRCP 6(d) applies only to service-triggered periods).
- 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 EEOC right-to-sue notice was given (received) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the EEOC right-to-sue notice was given (received)): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (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)).
Notes
Statute says 'after the giving of such notice'; courts generally run the period from receipt (case law, not verified here). Conservative: enter the date the notice was issued/emailed if receipt is uncertain. Computation: FRCP 6(a) applies to a federal statute that does not specify a method of computing time; roll to the next day that is not a Saturday, Sunday or FRCP 6(a)(6) legal holiday (federal holidays incl. Columbus Day, plus California-declared holidays for forward periods). The engine's CA judicial holiday list is an approximation. If suing in state court on Title VII claims, CCP 12a would also roll. No mail extension (FRCP 6(d) applies only to service-triggered periods).
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.