My ex-employer canceled EEOC mediation and I want to sue now. Is it too soon to file a lawsuit?

Asked almost 2 years ago - College Park, GA

My ex-employer agreed to mediation with the EEOC when I filed my charge in Oct 2012 for age discrimination. We had a mediation date for May 2013 but he canceled. I looked on EEOC site and it says I must wait 60 days to file lawsuit and I don't have to wait for investigation or right to sue letter. . It's been over 180 days since I filed claim! Does the time start when I file or when the investigation starts? It doesn't seem fair since he used mediation to stall.

Additional information

I need to find an EEOC attorney in the Atlanta area. Thanks for your answers.

Attorney answers (3)

  1. Thomas Richelo

    Contributor Level 14


    Lawyer agrees

    Answered . I know some very qualified attorneys in Atlanta who practice employment law, including discrimination matters. Contact me and I can make a referral. You need to move quickly when time deadlines are your concern.

  2. Amanda Amy Farahany


    Contributor Level 7

    Answered . You can file suit now, but it may not be the best timing if you can get the EEOC interested in investigating the case. You should speak with your attorney to determine the best strategy.

  3. David C. Holmes

    Contributor Level 13


    Lawyer agrees


    Answered . Under the Age Discrimination in Employment Act, it is 60 days from the filing of the charge of discrimination with the EEOC.

Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Discrimination in the workplace

Discrimination in the workplace is when one or more employees are treated unfavorably, based on characteristics like age, race, gender, or sexual orientation.

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