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Legal Memorandum: Statute of Limitations and Age Discrimination Cases

Issue: What is the statute of limitations as it applies to ADEA/MHRA age-discrimination failure-to-hire cases?

Area of Law: Employee Law, Litigation & Procedure
Keywords: Statute of limitations; Age discrimination; Failure to hire
Jurisdiction: Federal, Minnesota
Cited Cases: None
Cited Statutes: 29 U.S.C. § 626(d) (2008); 29 U.S.C. § 633(b); Minn. Stat. § 363A.01 et seq; 29 U.S.C. § 626(d); Minn. Stat. §§ 363A.28, subd. 1; 363A.33; Minn. Stat. § 363A.01 et seq; 29 U.S.C. § 626(d); Minn. Stat. §§ 363A.28, subd. 1; 363A.33
Date: 09/01/2008

First, under federal law, the Age Discrimination in Employment Act (ADEA) provides that “[n]o civil action may be commenced by an individual . . . until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.”  29 U.S.C. § 626(d) (2008).  That charge must be filed (1) within 180 days after the alleged unlawful practice occurred; or (2), if 29 U.S.C. § 633(b) applies to the case, by the earlier of the following:  (a) within 300 days after the alleged unlawful practice, or (b) within 30 days after receipt by the individual of notice of the termination of proceedings under state law.  Id.  

29 U.S.C § 633(b) provides:

In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 626 of this title before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated . . . . If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the […]

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