The filing clock in a Minnesota discrimination or wrongful termination case usually starts on the date of the employer's decision. It does not start when you report the problem, leave the job, or finally speak with a lawyer. Most workers have 300 days to file with the federal government and one year under state law, and since October 2025 those are two separate filings. Missing either one can end a claim before anyone looks at the facts.
This guide explains each deadline, what starts and stops the clock, and how to plan filings when both state and federal law apply. It is general information, not legal advice for a specific situation.
Minnesota Discrimination Deadlines at a Glance
Claim or step
Where it is filed
Deadline
When the clock usually starts
Title VII, ADA or ADEA charge
Equal Employment Opportunity Commission (EEOC)
300 calendar days
The date of the discriminatory act
Minnesota Human Rights Act (MHRA) charge
Minnesota Department of Human Rights (MDHR)
One year
The date of the discriminatory act
MHRA lawsuit filed directly
Minnesota district court
One year
The date of the discriminatory act
Lawsuit after an EEOC right-to-sue notice
Federal or state court
90 days
Receipt of the notice
Lawsuit after an MDHR dismissal
Minnesota district court
90 days
Receipt of the dismissal notice
Equal Pay Act claim
Court, no agency charge required
Two years, or three for willful violations
The last discriminatory paycheck
Minnesota Whistleblower Act claim
Court
Generally six years
The retaliatory act
Federal employee complaint
Agency EEO counselor
45 days
The discriminatory act
The sections below explain how each of these works in practice.
How Long Do You Have to File an EEOC Charge in Minnesota?
Minnesota workers generally have 300 days from the discriminatory act to file a charge of discrimination with the EEOC. The window is 300 days rather than the federal default of 180 because Minnesota has its own state agency that enforces anti-discrimination law. A charge is the formal complaint that starts the federal process, and for most federal claims it must come before any lawsuit.
Which federal law applies depends partly on the size of the employer:
- Title VII covers race, color, religion, sex and national origin, and applies to employers with 15 or more employees.
- The Americans with Disabilities Act also applies at 15 or more employees.
- The Age Discrimination in Employment Act protects workers 40 and older and applies to employers with 20 or more employees.
The deadline counts calendar days, so weekends and holidays are included. If the final day lands on a weekend or holiday, the EEOC accepts the charge on the next business day, but planning around that margin invites trouble. An online inquiry or intake interview is also not the same as a filed charge. The charge itself has to be submitted before the deadline.
Filing a charge is not filing a lawsuit. After the EEOC closes its process, it issues a notice of right to sue, and the employee then has 90 days from receiving that notice to file in court.
The Minnesota Department of Human Rights Deadline
The MHRA gives workers one year from the discriminatory act to file a charge with the MDHR. Minnesota law requires a written, signed and verified charge, so the clock keeps running until the MDHR receives that completed charge. Calling the agency or starting an intake questionnaire does not stop it.
State law reaches further than federal law in two important ways. The MHRA applies to employers with as few as one employee, and it protects several categories that federal statutes do not list, including marital status, familial status and status regarding public assistance. A worker at a 10-person company, for example, may have no federal claim at all but a valid state claim.
The MHRA also allows a worker to skip the agency and sue directly in Minnesota district court within the same one-year period. If a worker does file with the MDHR and the agency later dismisses the charge, there is a 90-day window to bring the case in court after receiving the dismissal notice.
Do You Need to File with Both the EEOC and the MDHR?
Often, yes. For years, a charge filed with one agency was automatically shared with the other. That arrangement ended in 2025. According to the MDHR, beginning October 1, 2025, Minnesotans who want to preserve their federal rights must file separately and independently with the EEOC. A charge filed only with the MDHR no longer protects Title VII, ADA or ADEA claims, and a charge filed only with the EEOC no longer starts an MHRA claim.
When both laws may apply, the safest approach is to file with both agencies and to work from the earlier deadline. Because 300 days runs out before one year, the federal date usually controls. For employers with fewer than 15 employees, the state filing may be the only option, which makes the one-year MHRA deadline the one to protect.
Working out which agency gets which charge, and by what date, is where a Minneapolis employment lawyer adds the most value early. Madia Law is an employee-side trial firm in downtown Minneapolis that handles wrongful termination, retaliation and discrimination claims and regularly appears in Hennepin County District Court and federal court. A review at this stage can confirm the controlling dates before either window closes.
How the Deadline Applies to Firings, Retaliation and Other Decisions
Each separate employment decision carries its own filing deadline. The U.S. Supreme Court confirmed this rule in National Railroad Passenger Corp. v. Morgan (2002). A termination, demotion, denied promotion, denied accommodation, retaliatory write-up and refusal to hire are each a discrete act with a clock of its own. An older decision does not extend the deadline for a newer one, and a newer decision does not revive a deadline that has already passed.
Terminations. For a firing, the clock generally starts when the employer makes and communicates the decision, not on the last day of work. In Delaware State College v. Ricks (1980), the Supreme Court held that the filing period began when the employee was told of the decision, even though his employment continued for months afterward. A worker given notice in March with a June exit date should count from March.
Retaliation. A worker who reports discrimination and is later demoted, disciplined, moved to worse shifts or fired may have a new claim with a new deadline, even if the original discrimination is too old to pursue.
Pay discrimination. Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck affected by a discriminatory pay decision restarts the federal filing period for that pay claim.
Harassment and Hostile Work Environment Claims
Harassment is treated differently from a single decision. Under Morgan, a hostile work environment claim is timely if at least one act that is part of the ongoing pattern falls inside the filing period. When that happens, earlier related incidents can be considered as part of the same claim.
The incidents need a real connection, such as the same people, the same type of conduct and the same workplace. Unrelated conflicts spread over several years do not become one continuing claim. A dated record of each incident, the people involved and any reports to management is often what establishes that connection.
What Does Not Pause the Clock
Many workers lose claims by waiting on a process they assume will stop the deadline. These steps generally do not pause either the EEOC or the MDHR deadline:
- Complaining to HR, a supervisor or an ethics hotline
- Filing a union grievance, which the Supreme Court held does not toll the federal deadline in Electrical Workers v. Robbins & Myers (1976)
- Internal appeals, mediation or other company dispute processes
- Negotiating a severance package or waiting for a severance deadline
- Applying for unemployment benefits
These steps may still matter to the case, but none of them replaces a timely agency charge or lawsuit. Signing a severance release can also give up claims entirely, although a release cannot take away the right to file an EEOC charge or take part in an EEOC investigation.
What to Do If You Were Fired or a Deadline Is Approaching
- Pin down the start date. Write down the date you were told of the decision, not just your last day.
- Build a timeline. List every termination, demotion, pay change, accommodation request, complaint and harassment incident with dates and names. If your employer used formal disciplinary procedures, add each warning, meeting and outcome letter by date, since those records often show when a decision was actually made.
- Save what you lawfully have. Keep emails, texts, performance reviews, schedules, pay records and policies you are entitled to keep. Do not take confidential company records.
- Check the employer's size. Headcount decides whether federal law applies, state law applies, or both.
- Calculate both deadlines. Count 300 days and one year from each discrete act, and treat the earlier date as the real deadline.
- Hold off on signing. Have any severance agreement reviewed before signing, since it may release the claims you are trying to preserve.
Deadlines Depend on the Details
There is no single deadline for every Minnesota workplace claim. The correct date depends on the type of decision, the law involved, the employer's size, and whether the conduct was a one-time act or part of an ongoing pattern. Workers who identify each act, count from the right start date and file with both agencies where needed keep their options open while the facts are reviewed.
Frequently Asked Questions
Is Minnesota an at-will employment state?
Yes. An employer can usually end employment for any lawful reason or no reason. It cannot fire someone for an illegal reason, such as discrimination, retaliation for a protected complaint, or taking protected leave. Those firings can support a wrongful termination claim.
Does the deadline start on my last day of work?
Usually not. For a termination, the clock generally starts when the employer makes and communicates the decision. If notice came weeks or months before your final day, count from the notice.
Can I file with the MDHR and still sue under federal law?
Only if you also file a timely EEOC charge. Since October 1, 2025, the two agencies no longer share charges automatically, so a state filing alone does not preserve Title VII, ADA or ADEA claims.
What if I missed the 300-day federal deadline?
The one-year MHRA deadline may still be open, and state law may cover the same conduct. Courts rarely extend federal deadlines, so a missed date usually means relying on whichever state deadline remains.
Does a severance offer give me more time?
No. Reviewing or negotiating a severance agreement does not pause any filing deadline. If the offer deadline and a filing deadline overlap, the filing deadline still controls.
The opinions on this page are for general information purposes only and do not constitute legal advice on which you should rely.
