Employment-Related Actions: The Application of the Statute of Limitations and Employment-Related Actions – A Nationwide Examination 

The following is a nationwide examination of the Statute of Limitations as it applies to state, not federal, Employment-Related actions. Employment-Related actions vary from state to state, but include, for example, actions involving employment discrimination, wage and hour violations, and workers’ compensation. The following nationwide examination is a tool to aid professionals on issues regarding employment-related actions. Please note that the following is a brief overview. Every case is different, and counsel should be consulted for further analysis on pending actions. 

Upon review, if you have any further questions or concerns as to how this nationwide examination of Employment-Related actions and the application of the Statute of Limitations thereto may apply to your company, we, at Thomas Paschos & Associates, P.C. would be glad to speak with you. One of our attorneys specializing in this field can speak with you today about our services. Contact Thomas Paschos & Associates, P.C. for more information. We can be reached at 856-354-1900 or 267-205-2444. You can also contact Thomas Paschos, Esq. at TPaschos@pascholaw.com.  

Alabama 

Actions alleging age discrimination in employment have a statute of limitations of 180 days from the occurrence of the alleged discrimination if the claim is filed in state court based upon a violation of the Alabama Age Discrimination Employment Act; alternatively, if a claim is first filed with the EEOC within 180 days of the alleged occurrence and the EEOC dismisses the charge, the plaintiff must file suit within 90 days of the dismissal. See Ala. Code § 25-1-29; 29 U.S.C. § 621; 42 U.S.C. § 2000e, et seq. The accrual of the cause of action is from the date of the discriminatory act. 

Actions for the recovery of unpaid wages have a statute of limitations of 2 years. See Ala. Code § 6-2-38(m). The accrual of the cause of action is from the date the wages were due. (Jefferson County v. Birchfield, 142 So. 3d 556 (Ala. Civ. App. 2011).) 

Alaska 

“A person alleging employment discrimination may file a complaint with the Commission.” See Rodriguez v. Alaska State Comm’n for Human Rights, 354 P.3d 380, 386 (Alaska 2015); Rodriguez v. Alaska State Comm’n for Human Rights, 354 P.3d 380, 386 n.7 (Alaska 2015) (citing AS 18.80.100(a) (“A person who is aggrieved by a discriminatory practice prohibited by this chapter may sign and file with the commission a written, verified complaint stating the name and address of the person alleged to have engaged in the discriminatory practice, and the particulars of the discrimination.”).) “”A complaint alleging a discriminatory act or practice not of a continuing nature must be filed no later than . . . 180 days after the alleged discriminatory act or practice occurred . . . .”” See Rodriguez v. Alaska State Comm’n for Human Rights, 354 P.3d 380, 386 (Alaska 2015); 6 Alaska Administrative Code (AAC) 30.230(b)(2) (2014). 

“Alaska Statute 23.10.130 sets out the statute of limitations for AWHA claims, stating that “[a]n action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under AS 23.10.050 – 23.10.150 is forever barred unless it is started within two years after the cause of action accrues.”” See Air Logistics of Alaska, Inc. v. Throop, 181 P.3d 1084, 1094 (Alaska 2008); AS 23.10.130 (emphasis added). 

Arizona 

Actions for employment discrimination have a statute of limitations of 180 days to file with the Arizona Civil Rights Division (ACRD) and 90 days from the receiving of the Right to Sue letter to bring a lawsuit, but in no event later than one year after the charge was filed. See Ariz. Rev. Stat. § 41-481(A). The accrual regarding a complaint to the ACRD is when the discriminatory conduct takes place; for a claim in court, it is upon service of a Right to Sue letter. 

Actions for breach of an employment contract have a statute of limitations of 1 year. See Ariz. Rev. Stat. § 12-541(3). The accrual of the cause of action is when the breach occurs. 

Actions for wrongful termination have a statute of limitations of 1 year. See Ariz. Rev. Stat. § 12-541(4). The accrual of the cause of action is when the termination occurs. 

Actions for wage violations under the Arizona Minimum Wage Act have a statute of limitations of: 1 year to file a claim with the Industrial Commission of Arizona (ICA) labor department, 2 years to bring a claim for a violation, and 3 years to bring a claim if the violation was willful. See Ariz. Admin. Code § R20-5-1003(A)(3); Ariz. Rev. Stat. § 23-364(H). The accrual of the cause of action is when the last violation occurs. 

Actions for wage violations under the Arizona Wage Act have a statute of limitations of 1 year to file a claim with the ICA when the amount does not exceed $5,000. See Ariz. Rev. Stat. § 23-356. The accrual of the cause of action is when the failure to pay occurs. 

Actions under the Arizona Equal Wages Act have a statute of limitations of 6 months to file a claim with the ICA labor department. See Ariz. Rev. Stat. § 23-341(F). The accrual of the cause of action is when the violation occurs. 

Arkansas 

“Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards.” See Ark. Code Ann. § 11-4-611 (Lexis Advance through all legislation of the 2024 Fiscal Session. Does not yet include editorial changes to be made as part of the official codification process by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission.) 

California 

An Administrative complaint with the Department of Fair Employment and Housing (DFEH) for a violation of employment discrimination and other employment provisions of the Fair Employment and Housing Act (Cal. Gov. Code § 12940 et seq.) has a statute of limitations of 3 years. See Cal. Gov. Code § 12960(e). The accrual of the cause of action is the date of the alleged unlawful employment practice (subject to tolling for specified reasons). 

A civil action for a violation of employment discrimination and other employment provisions of the Fair Employment and Housing Act (Cal. Gov. Code § 12940 et seq.), excluding violations listed in Cal. Gov. Code § 12965(f) has a statute of limitations of 1 year. See Cal. Gov. Code § 12965(c), (e), (f). The accrual of the cause of action is the date of the right-to-sue notice issued by the DFEH (subject to tolling for specified reasons (see, e.g., Cal. Gov. Code § 12965(f)). 

A civil action for failure to pay wages generally has a statute of limitations of 4 years (written employment contract) or 2 years (oral employment contract). See Cal. Code Civ. Proc. §§ 337(a), 339(1) (general limitations period  for actions found on contract); Church v. Jamison, 143 Cal. App. 4th 1568, 1577 (2006). Generally, a separate cause of action for unpaid wages or salary accrues on each payday or date on which unpaid compensation was due (see Calvao v. Superior Ct., 201 Cal. App. 3d 921, 923 (1988).) A cause of action for failure to pay accrued, vested vacation wages accrues at the time of termination of employment (Church, 143 Cal. App. 4th at 1576–77.) 

A civil action for failure to pay overtime compensation has a statute of limitations of 3 years. See Cal. Code Civ. Proc. § 338(a) (general limitation period for action founded on liability created by statute, other than forfeiture or penalty); Aubry v. Goldhor, 201 Cal. App. 3d 399, 404–05 (1988). A separate cause of action for overtime compensation accrues on each regular payday immediately following work period during which services were rendered and for which overtime compensation is claimed (Aubry, 201 Cal. App. 3d at 406). 

Colorado 

Actions under the Colorado Anti-discrimination Act (CADA) have a statute of limitations of within 90 days from the date of notice of a right to sue or dismissal (see C.R.S. § 24-34-306(2)(b)(I)(B), (15).) There is a statute of limitations of within 90 days after the Colorado Civil Rights Commission’s jurisdiction over the charge has ceased which occurs if: within 450 days after the complainant files the charge, the CCRC fails to serve written notice that a formal hearing will be held, the complainant has requested and received a notice of right to sue –or– within 120 days after the CCRC gives written notice to the respondent, the CCRC fails to commence a formal hearing. See C.R.S. § 24-34-306(11). The accrual of the cause of action is an alleged discriminatory or unfair employment practice (C.R.S. § 24-34-306(1).) 

Actions under the Colorado Wage Act have a statute of limitations of two years from the date of the violation, or three years for a willful violation. See C.R.S. § 8-4-122. The accrual of the cause of action is when the wages or compensation first become due and payable, which is the payday following the pay period in which they were earned (Hernandez v. Ray Domenico Farms, Inc., 414 P.3d 700 (Colo. 2018).) 

Connecticut 

Action under the Connecticut Fair Employment Practices Act (CFEPA) have a statute of limitations of 300 days to file a complaint with the Connecticut Commission on Human Rights (effective for discriminatory acts occurring on or after Oct. 1, 2021; 180 days for most acts occurring prior to that date); 2 years to file a civil action. See Conn. Gen. Stat. § 46a-82(f); Conn. Gen. Stat. § 46a-102. The time to file a complaint with the commission accrues when the discriminatory act occurs; the time to bring a civil action accrues on the date the complaint is filed with the commission. 

An action under Connecticut’s equal pay statute has a statute of limitations of 2 years, or 3 years if the violation was intentional or committed with reckless indifference. See Conn. Gen. Stat. § 31-76(d). The accrual of the cause of action is when the violation occurs. 

A claim for workers’ compensation has a statute of limitations of 1 year. See Conn. Gen. Stat. § 31-294c(a). The accrual of the cause of action is the date of the accident. 

A claim for workers’ compensation for occupational disease has a statute of limitations of 3 years. See Conn. Gen. Stat. § 31-294c(a). The accrual of the cause of action is the first manifestation of a symptom of the disease. 

Delaware 

Actions under the Discrimination in Employment Act (DEA) or Persons with Disabilities Employment Protections Act (PWDEPA) have a statute of limitations of 300 days to file a claim with the Delaware Department of Labor; 90 days to file a civil lawsuit. See Del. Code Ann. tit. 19, §§ 712(c)(1), 714(b). The time to file a claim with the Department of Labor accrues when the violation of the DEA or PWDEPA occurs, or is discovered; the time to bring a civil action accrues on the date of receipt of the Delaware Department of Labor’s “Right to Sue Notice” or receipt of a federal “Right to Sue Notice”, whichever is later. 

Actions under the Delaware Wage Payment and Collection Act (DWPCA) have a statute of limitations of 2 years. See Del. Code Ann. tit. 10, § 8111. The time to bring a cause of action accrues when the violation occurs. 

Actions under the Delaware Worker’s Compensation Act (WCA) have a statute of limitations of 2 years. See Del. Code Ann. tit. 19, § 2365. The time to bring a cause of action accrues when the violation occurs. 

District of Columbia 

Actions under the District of Columbia Human Rights Act (DCHRA) have a statute of limitations of 1 year to file a complaint with the District of Columbia Office of Human Rights or to file a civil action. See D.C. Code § 2-1403.04(a), § 2-1403.16(a). The accrual of the cause of action is the unlawful discriminatory act, or the discovery thereof. However, for claims of unlawful discrimination in real estate transactions, the plaintiff has two years to bring an action. D.C. Code § 2-1403.16(a). 

Florida 

For employment discrimination, an employee must file a complaint for a violation of the Florida Civil Rights Act (CRA) with the Florida Commission on Human Rights within one year of the alleged violation. The employee must commence a civil action under the Florida CRA within one year of the Commission’s determination of reasonable cause. If the Commission fails to make such a determination within 180 days, the four-year statute of limitations under Fla. Stat. § 95.11(3) applies. See Fla. Stat. § 760.11(1); Fla. Stat. § 760.11(5); Fla. Stat. § 760.11(8); Ellsworth v. Polk Cnty. Bd. of Cnty. Comm’rs, 780 So. 2d 903 (Fla. 2001). The accrual of the cause of action is the date the commission determines reasonable cause (Fla. Stat. § 760.11(5).) 

Florida’s Law Protecting Employees from Discrimination with Respect to Certain Financial Transactions has a statute of limitations of 4 years. See Fla. Stat. § 95.11. The accrual of the cause of action is when the violation occurs. (Fla. Stat. § 725.07; Fla. Stat. § 95.11). 

The Florida Equal Pay Act has a statute of limitations of 6 months. See Fla. Stat. § 448.07(3). The accrual of the cause of action is when employment is terminated (Fla. Stat. § 448.07(3).) 

Wage and hour violations have a statute of limitations of 4 years / 5 years, in case of willful violation. See Fla. Const. Art. X, § 24(e). A cause of action accrues when the last element constituting the cause of action occurs (Fla. Stat. § 95.031(1).) 

Georgia

Actions for payment of wages, overtime, or penalties accruing under wage and hour laws have a statute of limitations of 2 years O.C.G.A. § 9-3-22. The accrual of the cause of action is upon the violation (Antonio-Candelaria v. Gibbs Farms, Inc., 2008 U.S. Dist. LEXIS 16295, at *24 (M.D. Ga. Mar. 4, 2008).)

Actions for age-based employment discrimination have no private cause of action. See O.C.G.A. § 34-1-2; Calhoun v. Fed. Nat’l Mortg. Ass’n, 823 F.2d 451 (11th Cir. 1987), cert. denied, 484 U.S. 1078 (1988).

Actions for disability-based employment discrimination and/or retaliation have a statute of limitations of 180 days. See O.C.G.A. § 34-6A-6(a). The accrual of the cause of action is upon the occurrence of the prohibited conduct (O.C.G.A. § 34-6A-6(a).)

Actions under the Equal Pay Act have a statute of limitations of 1 year. See O.C.G.A. § 34-5-5. As for the accrual of the cause of action, the law is unclear on this point.

Hawaii

“HRS Chapter 368 (“Civil Rights Commission”) now provides the mechanism for enforcement of Hawai’i’s discrimination laws.” See Ross v. Stouffer Hotel Co., 879 P.2d 1037, 1043 n.6 (Haw. 1994.) “HRS § 368-11(c)(1) (Supp. 1992) provides that no “complaint shall be filed [with the Civil Rights Commission] after the expiration of one hundred eighty days after the date . . . upon which the alleged unlawful discriminatory practice occurred[.]”” See Ross v. Stouffer Hotel Co., 879 P.2d 1037, 1043 n.6 (Haw. 1994.)

Idaho

“I.C. § 45-608…prescribes the statute of limitations for actions involving collection of wages.” See Schoonover v. Bonner Cty., 750 P.2d 95, 97 (Idaho 1988.) “Section 45-608 reads in pertinent part:

“Collection of Wages — Limitations. — . . . [A]ny action thereon shall be commenced in a court of competent jurisdiction within two (2) years after the cause of action shall have accrued, provided, however, that in the event salary or wages have been paid to any employee and such employee claims additional salary, wages, overtime compensation, penalties or liquidated damages, because of work done or services performed during his employment for the pay period covered by said payment, any action therefor shall be commenced within six (6) months from the accrual of the cause of action . . . .”

See Schoonover v. Bonner Cty., 750 P.2d 95, 97 (Idaho 1988.)

Illinois

As for actions for employment discrimination (Illinois Human Rights Act), an employee must file a charge with the Department of Labor within 300 days of the alleged violation of the IHRA. 775 ILCS 5/7A-102(A)(1). If the Department has not issued a finding after 365 days plus any agreed extension, the complainant must file either a complaint with the Illinois Human Rights Commission (Commission) or a civil IHRA action within 90 days of the end of the appropriate period. 775 ILCS 5/7A-102(G)(2). If the Department determines that there was substantial evidence of discrimination, the complainant must either: within 30 days of receiving the Department’s notice, request that the Department file a complaint with the Commission on his or her behalf –or– within 90 days of receiving the Department’s notice, file a civil IHRA action with the circuit court. See 820 ILCS 55/15(b),(c). The accrual of the cause of action is the day of the alleged violation (775 ILCS 5/7A-102(A)(1).)

Illinois Wage Payment and Collection Act claims (see 820 ILCS 115/1 et seq.) have a statute of limitations of 10 years. See 735 ILCS 5/13-206. The accrual of the cause of action is the date the violation occurred (735 ILCS 5/13-206).

Indiana

Actions relating to the terms, conditions, and privileges of employment, not based on written contract, have a statute of limitations of 2 years. See Ind. Code Ann. § 34-11-2-1. The accrual of the cause of action is the date of the act or omission complained of.

Actions against the state of Indiana relating to the terms, conditions, and privileges of employment have a statute of limitations of 2 years. See Ind. Code Ann. § 34-11-2-2. The accrual of the cause of action is the date of the act or omission complained of.

Actions for workers’ compensation have a statute of limitations of 2 years. See Ind. Code Ann. § 22-3-3-3. The accrual of the cause of action is the date of one of the following: the occurrence of the accident, If death occurs, the date of death –or– if the action is based on exposure

to radiation, the date on which the employee knew or by exercise of reasonable diligence should have known of the injury and causal relationship to his employment.

Actions for employment discrimination have a statute of limitations of 180 days to file a complaint with the Indiana Civil Rights Commission. See Ind. Code Ann. § 22-9-1-3(p). The accrual of the cause of action is when the discriminatory conduct occurs.

Actions for wage and hour violations have a statute of limitations of 3 years. See Ind. Code Ann. § 22-2-2-9. The accrual of the cause of action is when the violation occurs.

Iowa

Actions for employment discrimination have a statute of limitations of within 300 days of the last allegedly unlawful act before the civil rights commission; 90 days to file a claim in the Iowa District Courts once a right to sue letter is received. See Iowa Code § 216.15; Mormann v. Iowa Workforce Dev., 913 N.W.2d 554 (Iowa 2018). The accrual of the cause of action is when the alleged violation takes place.

Actions for violations of Iowa’s equal pay provision have a statute of limitations of 2 years; tolled for mandatory filing of complaint with attorney general; 3 years for willful violations. See Iowa Code § 216.6A. The accrual of the cause of action is upon the date of each statutory violation (Dindinger v. Allsteel, Inc., 860 N.W.2d 557 (Iowa 2015), for example, the last sale by the employee, the closing of the account, or the time at which the employee demands payment. (Peda v. Fort Dodge Animal Health, Inc., 293 F. Supp. 2d 973 (N.D. Iowa 2003).) An exception is the continuing violation doctrine, under which certain kinds of claims are not time-barred “so long as all acts which constitute the claim are part of the same unlawful employment practice and at least one act falls within the time period” (Scott v. City of Sioux City, 68 F. Supp. 3d 1022 (N.D. Iowa 2014).)

Actions for wage and hour violations have a statute of limitations of 3 years. See Iowa Code Ch. 91A, § 614.1(8). The accrual of the cause of action is as each payment becomes due and owing (Gabelmann v. NFO, Inc., 571 N.W.2d 475, 482 (Iowa 1997).)

Kansas

“In Flanigan, which was an employment discrimination suit under the KAAD, the court stated: “Since this action is not one for libel, slander, assault, battery, malicious prosecution, false imprisonment or an action upon a statutory penalty or forfeiture, the two-year statute of limitations of K.S.A. 60-513 is properly applied here. [Citations omitted.]”” See Wagher v. Guy’s Foods, 885 P.2d 1197, 1200 (Kan. 1994)(citing 232 Kan. at 530); see also Flanigan v. City of Leavenworth, 232 Kan. 522, 657 P.2d 555 (1983.)

“29 U.S.C. § 255(a) provides that the action “may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.”” See Dickens v. Snodgrass, Dunlap & Co., 872 P.2d 252, 264 (Kan. 1994.)

Kentucky

The statute of limitations for employment cases is 5 years. See Ky. Rev. Stat. Ann. § 413.120(2). The cause of action accrues the date the employee receives notice of the adverse employment action. (Rossi v. Toyota Motor Mfg., Ky., Inc., 2006 U.S. Dist. LEXIS 85398, *12 (E.D. Ky. Nov. 22, 2006).)

Louisiana

The Statute of prescription for employment discrimination claims is 1 year, to be suspended no longer than 6 months during the pendency of administrative review or investigation by EEOC or Louisiana Commission on Human Rights. See La. Rev. Stat. Ann. § 23:303 (Section (D).) The accrual of a cause of action is the day the injury or the damage is sustained.

Actions for recovery of compensation for services rendered (e.g., payment of salaries, wages, commissions, and professional fees) have a statute of prescription of 3 years (liberative prescription). See La. Code Civ. Ann. arts. 3494 and 3495. The accrual of the cause of action is the day payment is exigible; it accrues as to past due payments even if there is a continuation of labor, supplies, or other services.

Maine

“There is a six-year statute of limitations that applies to unpaid wages claims.” See Bartlett v. Morrison, 2021 Me. Super. LEXIS 146, *8(citing 14 M.R.S.§ 752 (2020).)

Maryland

Actions for employment discrimination under the Maryland Fair Employment Practices Act (FEPA) have a statute of limitations of 6 months to file a complaint with the Maryland Commission on Civil Rights; 2 years to file a civil action. See Md. Code Ann., State Gov’t §§ 20-1004(c)(1), 20-1013(a)(1)(iii)(1). The cause of action accrues when the discriminatory act occurs.

Actions for harassment under FEPA have a statute of limitations of 2 years to file a complaint with the Maryland Commission on Civil Rights; 3 years to file a civil action. See Md. Code Ann., State Gov’t §§ 20-1004(c)(1), 20-1004(c)(3), 20-1013(a)(1)(iii)(2). The cause of action accrues when the harassment occurs.

Actions under Maryland’s equal pay statute have a statute of limitations of 3 years. See Md. Code Ann., Lab & Empl. § 3-307(c). The cause of action accrues when the employee receives from the employer the wages paid on termination of employment.

As for actions for workers’ compensation for accidental injury, the deadline to file a claim with the Commission is 60 days; this can be extended to up to 2 years if the Commission finds that the employer or insurer has not been prejudiced to file the claim or another sufficient reason. See Md. Code Ann., Lab. & Empl. § 9-709; Md. Code Ann., Lab & Empl. § 9-709(b), see also Md. Code Ann., Lab & Empl. § 9-504 (same, regarding hernias). The cause of action accrues the date of the accidental injury. If it is established that a failure to file a claim in accordance with this

section was caused by fraud or by facts and circumstances amounting to an estoppel, the covered employee shall file a claim with the Commission within 1 year after (i) the date of the discovery of the fraud or (ii) the date when the facts and circumstances that amount to estoppel ceased to operate. See Md. Code Ann., Lab & Empl. § 9-709(d)(1). If a covered employee is disabled due to an accidental personal injury from ionizing radiation, the covered employee shall file a claim with the Commission within 2 years after (1) the date of disablement; or (2) the date when the covered employee first knew that the disablement was due to ionizing radiation. See Md. Code Ann., Lab & Empl. § 9-709(c).

Actions for workers’ compensation for death have a statute of limitations of 18 months. See Md. Code Ann., Lab. & Empl. § 9-710(b). The accrual of the cause of action is the date of death.

Actions for workers’ compensation for disablement or death due to occupational disease have a statute of limitations of 2 years; 3 years for pulmonary dust disease. See Md. Code Ann., Lab. & Empl. § 9-711(a)(1). The accrual of the cause of action is the date of the disablement or death, or when the employee or dependents first had actual knowledge that the disablement or death was caused by the employment.

Massachusetts

Actions for employment discrimination have a statute of limitations of 300 days to file a complaint with the Massachusetts Commission Against Discrimination (MCAD); 30 days to file a petition in superior court for judicial review. See Mass. Gen. Laws ch. 151B, §§ 5 and 6. The accrual of the cause of action for complaint a to the MCAD, is when the discriminatory conduct takes place; for a petition to the superior court, it is upon service of the MCAD’s order.

Actions for wage and hour violations have a statute of limitations of 3 years; tolled for mandatory filing of complaint with attorney general. See Mass. Gen. Laws Ch. 151, § 20A. The accrual of the cause of action is when the violation occurs.

Michigan

An action for employment discrimination or retaliation in violation of the Elliott-Larsen Civil Rights Act (ELCRA) (MCL § 37.2101 et seq.) or the Michigan Person with Disabilities Civil Rights Act (MPWDCRA) (MCL § 37.1101 et seq.) has a statute of limitations of 3 years. See Slayton v. Mich. Host, Inc., 144 Mich. App. 535, 553 (1985); MCL § 600.5805(2); see also MCL § 37.1605 (ELCRA procedures apply to complaint under MPWDCRA). The cause of action accrues on the date when plaintiff is harmed by violation of act. (Trentadue v. Gorton, 479 Mich. 378, 388 (2007); see MCL § 600.587; see also MCL § 37.2801(1), (2) (plaintiff may bring action for damages for injury or loss caused by each violation of ELCRA).)

An action for a violation of Michigan Improved Workforce Opportunity Wage Act (MCL § 408.931 et seq.) (minimum wage and overtime requirements; prohibition against sex discrimination in payment of wages) has a statute of limitations of 3 years. See MCL § 408.939(1). The accrual of the cause of action is the date of the violation.

An administrative complaint for a violation of the Payment of Wages and Fringe Benefits Act (MCL § 408.471 et seq.) has a statute of limitations of 12 months (30 days for retaliation claims). See MCL §§ 408.481(1), 408.483(2). The accrual of the cause of action is the date of the violation.

Minnesota

An action for a violation of the Minnesota Human Rights Act (MHRA) (Minn. Stat. § 363A.001 et seq.) has a statute of limitations of 1 year. See Minn. Stat. § 363A.28, subd. 3(a). Generally, a civil action under the MHRA must be brought in the district court or an administrative charge filed with the Commissioner of Human Rights within 1 year of the occurrence of the discriminatory practice. Minn. Stat. § 363A.28, subd. 3(a). If the plaintiff files an administrative charge first, the plaintiff may bring a civil action within 45 days after receipt of notice that the commissioner has dismissed the charge for specified reasons or within 45 days after filing the charge if no hearing has been held or the commissioner has not entered into a conciliation agreement with the employer. In the latter situation, the plaintiff must notify the commissioner of intent to bring a civil action and commence the action within 90 days of giving notice. See Minn. Stat. § 363A.33, subd. 1.

An action for recovery of wages or overtime or damages, fees, or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees, or penalties has a statute of limitations of 2 years, but if the employer fails to submit payroll records by a specified date on request of the Department of Labor and Industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation period is 3 years. See Minn. Stat. § 541.07(5). For nonpayment of wages, the cause of action accrues with each failure to pay wages when due. For a violation of wage laws or employment contract, the cause of action accrues at the time of the violation. See Park Nicollet Clinic v. Hamann, 808 N.W.2d 828, 834–37 (Minn. 2011); Guercio v. Prod. Automation Corp., 664 N.W.2d 379, 387 (Minn. Ct. App. 2003).

Mississippi

“…[W]rongful-discharge claims are tort actions, subject to the general three-year statute of limitations.” See Cmty. Care Ctr. of Aberdeen v. Barrentine, 160 So. 3d 216, 217 (Miss. 2015.)

Missouri

For employment discrimination, the statute of limitations is to file with the Missouri Commission on Human Rights (“Commission”) a verified written complaint within 180 days of the alleged discriminatory act; 90 days from the date of the right to sue letter from the Commission to file a civil action in circuit court. See Mo. Rev. Stat. §§ 213.075.1, 213.111.1. As for the accrual of the cause of action for a complaint with the Commission, it is when the discriminatory act takes place; for the petition with the circuit court, it is the date of the Commission’s letter. The statute of repose is 2 years. See Mo. Rev. Stat. § 213.111.1. The accrual of the cause of action is the occurrence of the alleged discrimination, or its reasonable discovery by the alleged aggrieved party.

For wage violations: payment less than minimum or stipulated wage (Missouri Minimum Wage Law), the statute of limitations is 3 years. See Mo. Rev. Stat. § 290.527; Mo. Rev. Stat. § 516.130(3) (for actions under Mo. Rev. Stat. § 290.300). The accrual of the cause of action for actions under Mo. Rev. Stat. § 290.300 is not when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained. Mo. Rev. Stat. § 516.100. Damages are capable of ascertainment and “the statute of limitations begins to run when the evidence was such to place a reasonably prudent person on notice of a potentially actionable injury.” Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 582 (Mo. 2006) (internal quotation omitted). The test to be applied is “when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages.” State ex rel. Marianist Province of the United States v. Ross, 258 S.W.3d 809, 811 (Mo. 2008). A cause of action accrues when a party can first ascertain the fact of damage, even though he may not know the exact amount of damage. Business Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. 1999). Despite the plain language of Mo. Rev. Stat. § 516.100, note that there is a line of cases stating that the fact that further damage may occur does not delay accrual. See, e.g., D’Arcy & Assocs., Inc. v. K.P.M.G. Peat Marwick, L.L.P., 129 S.W.3d 25, 29 (Mo. App. 2004) (accrual requires only that some damage be sustained and be capable of being ascertained; that further damage may occur does not matter).

For unpaid minimum wages, overtime, liquidated damages, or recovery under the Fair Labor Standards Act, the statute of limitations is 2 years. See Mo. Rev. Stat. § 516.140. The accrual of the cause of action is not when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained. Mo. Rev. Stat. § 516.100. Damages are capable of ascertainment and “the statute of limitations begins to run when the evidence was such to place a reasonably prudent person on notice of a potentially actionable injury.” Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 582 (Mo. 2006) (internal quotation omitted). The test to be applied is “when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages.” State ex rel. Marianist Province of the United States v. Ross, 258 S.W.3d 809, 811 (Mo. 2008). A cause of action accrues when a party can first ascertain the fact of damage, even though he may not know the exact amount of damage. Business Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. 1999). Despite the plain language of Mo. Rev. Stat. § 516.100, note that there is a line of cases stating that the fact that further damage may occur does not delay accrual. See, e.g., D’Arcy & Assocs., Inc. v. K.P.M.G. Peat Marwick, L.L.P., 129 S.W.3d 25, 29 (Mo. App. 2004) (accrual requires only that some damage be sustained and be capable of being ascertained; that further damage may occur does not matter).

Letter of dismissal violations under Mo. Rev. Stat. § 290.140 have a statute of limitations of 2 years. See Mo. Rev. Stat. § 516.140. The accrual of the cause of action is not when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained. See Mo. Rev. Stat. § 516.100. Damages are capable of ascertainment and “the statute of limitations begins to run when the evidence was such to place a reasonably prudent person on notice of a potentially actionable injury.” See Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 582 (Mo. 2006) (internal quotation omitted). The test to be applied is “when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages.” See State ex rel. Marianist Province of the United States v. Ross, 258 S.W.3d 809, 811 (Mo. 2008). A cause of action accrues when a party can first ascertain the fact of damage, even though he may not know the exact amount of damage. See Business Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. 1999). Despite the plain language of Mo. Rev. Stat. § 516.100, note that there is a line of cases stating that the fact that further damage may occur does not delay accrual. See, e.g., D’Arcy & Assocs., Inc. v. K.P.M.G. Peat Marwick, L.L.P., 129 S.W.3d 25, 29 (Mo. App. 2004) (accrual requires only that some damage be sustained and be capable of being ascertained; that further damage may occur does not matter).

Montana

“[The Montana Human Rights Act’s] exclusive remedial scheme requires that allegations of unlawful discrimination in employment must be brought in a complaint filed with the Human Rights Bureau of the Department of Labor and Industry (“Department”) within 180 days after the alleged unlawful discriminatory practice occurred or was discovered.” See Saucier v. McDonald’s Rests. of Mont., Inc., 179 P.3d 481, 490 (Mont. 2008)(citing Section 49-2-501(1), (4)(a), MCA; Admin. R. M. 24.8.201(1).)

Nebraska

“In Adkins v. Burlington Northern Santa Fe RR. Co., 260 Neb. 156, 615 N.W.2d 469 (2000), we stated that NFEPA [Nebraska Fair Employment Practice Act] actions brought pursuant to § 20-148 were governed by the 300-day statute of limitations period found in § 48-1118(2) of the NFEPA.” See Wendeln v. Beatrice Manor, Inc., 712 N.W.2d 226, 235 (Neb. 2006.)

Nevada

Actions under the Nevada Equal Opportunities for Employment Statute (NEOE) have a statute of limitations of 300 days to file a complaint with the Nevada Equal Rights Commission; 180 days to bring a civil action. See Nev. Rev. Stat. Ann. § 233.160(1)(b); Nev. Rev. Stat. Ann. § 613.430(1)(a). The accrual of the cause of action is the unlawful employment practice (Nev. Rev. Stat. Ann. § 233.160(1)(b); Nev. Rev. Stat. Ann. § 613.430(a)(1)(a).) However, a plaintiff has the later of 180 days from the alleged violation, or 90 days from receiving a right to sue letter to bring a civil action. (Nev. Rev. Stat. Ann. § 613.430(1).)

New Hampshire

“To qualify for relief under the LAD, the aggrieved person must file with the NHCHR a verified complaint “within 180 days after the alleged act of discrimination.” RSA 354-A:21, I(a), III (Supp. 2002)”. See Steir v. Girl Scouts of the U.S.A., 834 A.2d 385, 387 (N.H. 2003)(other citation omitted.)

New Jersey

Actions under the Law Against Discrimination (N.J. Stat. Ann. §§ 10:5-1–10:5-49) have a statute of limitations of 2 years. The administrative filing deadline is 180 days from the alleged discrimination to file a complaint with the New Jersey Division on Civil Rights (DCR). See N.J. Stat. Ann. § 2A:14-2(a); Alexander v. Seton Hall Univ., 204 N.J. 219, 228 (N.J. 2010). The accrual of the cause of action is an alleged act of discrimination, harassment, or retaliation. (See N.J. Stat. Ann. §§ 10:5-12, 10:5-12.6, 10:5-29.1.)

Actions under the New Jersey Security and Financial Empowerment Act (N.J. Stat. Ann. §§ 34:11C-1–34:11C-5) have a statute of repose of 1 year. See N.J. Stat. Ann. § 34:11C-5(b). The accrual of the cause of action is an alleged act of discrimination, harassment, or retaliation. (See N.J. Stat. Ann. § 34:11C-4).

Actions under the Equal Pay Act (N.J. Stat. Ann. § 34:11-56.1–12) have a statute of repose of 2 years. See N.J. Stat. Ann. § 2A:14-2(a); see also Alexander v. Seton Hall Univ., 204 N.J. 219, 228 (N.J. 2010). The accrual of the cause of action is an alleged act of discrimination in payment of wages based on sex or of retaliation. (See N.J. Stat. Ann. §§ 34:11-56.2, 34:11-56.6.)

Actions under New Jersey State Wage and Hour Law (N.J. Admin. Code § 12:56-1.1 et seq.; N.J. Stat. Ann. § 34:11-56a et seq.) have a statute of repose of 2 years. See N.J. Stat. Ann. § 34:11-56.34; Troise v. Extel Commc’ns, Inc., 345 N.J. Super. 231 (App. Div. 2001). The accrual of the cause of action is the alleged incident underlying the action. (See N.J. Stat. Ann. § 34:11-56.34.)

New Mexico

“[N.M. Stat. Ann.] § 28-1-10(A) []provid[es] a three-hundred-day statute of limitations for filing claims under the [New Mexico Human Rights Act, N.M. Stat. Ann. §§ 28-1-1 to 28-1-15 (1969, as amended through 2007).]” See Herald v. Bd. of Regents of the Univ. of N.M., 357 P.3d 438, 445 (N.M. Ct. App. 2015.)

New York

Actions for employment discrimination have a statute of limitations of 3 years. See N.Y. C.P.L.R. 214(2); Mejia v. T.N. 888 Eighth Ave. LLC Co., 95 N.Y.S.3d 168 (1st Dep’t 2019). The accrual of the cause of action is when the discriminatory conduct takes place and results in an adverse employment determination. (Cordone v. Wilens & Baker, P.C., 730 N.Y.S.2d 89 (1st Dep’t 2001).)

Actions for wage and hour violations have a statute of limitations of 6 years; tolled from the filing of a complaint with the labor commissioner. See N.Y. Lab. Law § 198(3). The accrual of the cause of action is when the violation occurs. (Dragone v. Bob Bruno Excavating, Inc., 847 N.Y.S.2d 251 (3d Dep’t 2007).)

North Carolina

Actions for wrongful termination have a statute of limitations of 3 years. See N.C. Gen. Stat. § 1-52(5). The accrual of the cause of action is when the termination occurs.

Actions for retaliatory employment discrimination have a statute of limitations of 180 days to file a complaint with the Commissioner of Labor; 90 days from receiving right-to-sue letter to commence a civil action. See N.C. Gen. Stat. § 95-242. For a complaint to the Commissioner of Labor, the accrual of the cause of action is when the discriminatory conduct occurs; for a claim in court, upon service of a right-to-sue letter. (N.C. Gen. Stat. § 95-243(b).)

Actions for wage and hour violations have a statute of limitations of 2 years. See N.C. Gen. Stat. § 95-25.22(f). The accrual of the cause of action is when the violation occurs.

North Dakota

“Section 65-05-01, N.D.C.C., provides in part:

“All original claims for compensation must be filed by the injured worker, or someone on the injured worker’s behalf, within one year after the injury or within two years after the death. The date of injury for purposes of this section must be the actual date of injury when such can be determined with certainty by the claimant and bureau. When the actual date of injury cannot be determined with certainty the date of injury must be the first date that a reasonable person knew or should have known that the injury was related to employment.””

See Linnertz v. N.D. Workers’ Comp. Bureau, 502 N.W.2d 528, 530 (N.D. 1993.)

Ohio

Actions under Ohio Fair Employment Practices Law (OFEPL) (Ohio Rev. Code Ann. §§ 4112.01-4112.99) have a statute of limitations of 2 years. See O.R.C. 4112.051(C)(2), 4112.052(C)(1). The accrual of the cause of action is the occurrence of the alleged unlawful discriminatory practice. (See O.R.C. 4112.051(C)(2), 4112.052(C)(1).)

Actions under Minimum Fair Wage Standards, Ohio Rev. Code Ann. § 4111.01 et seq. have a statute of limitations of 1 year. See Ohio Rev. Code Ann. § 4111.17(E). The accrual of the cause of action is the occurrence of the alleged violation. (See Ohio Rev. Code Ann. § 4111.17(E).)

Actions under the Workers’ Compensation Act have a statute of limitations of 180 days for actions / 90 day’s notice to employer from termination. See O.R.C. 4123.90. The accrual of the cause of action is the date of the discharge, demotion, reassignment, or punitive action taken. (See O.R.C. 4123.90.)

Oklahoma

Actions for employment discrimination have a statute of limitations of 180 days to file a charge of discrimination with the Attorney General’s Office of Civil Rights Enforcement of the Equal Employment Opportunity Commission; 90 days to bring a civil action after receiving a Notice of Right to Sue. See Okla. Stat. tit. 25, § 1350(B); Okla. Stat. tit. 25, § 1350(I). The last date of the alleged discrimination triggers 180 days to file the charge; receipt of Notice of Right to Sue triggers 90 days to file a civil claim.

Oregon

“ORS 659.040(1) provides, in part:

“Any person claiming to be aggrieved by an alleged unlawful employment practice, may * * * file with the commissioner a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful employment practice complained of and which complaint shall set forth the particulars thereof. * * * A complaint filed pursuant to this section shall be filed no later than one year after the alleged unlawful employment practice.” (Emphasis supplied.)”

See Bell v. First Interstate Bank, 796 P.2d 1226, 1227 (Or. Ct. App. 1990.) “The statute permits the victim of an alleged unlawful employment practice to file a complaint with the Commissioner of the Bureau of Labor and Industries (BOLI) “no later than one year after the alleged unlawful employment practice.”” See Bell v. First Interstate Bank, 796 P.2d 1226, 1227 (Or. Ct. App. 1990.)

Pennsylvania

Actions for employment discrimination under the Pennsylvania Human Relations Act (43 Pa. Stat. Ann. §§ 951–963) have a statute of limitations of 180 days to file a complaint with the Pennsylvania Human Rights Commission; you must file a civil action in court within 2 years after the date of notice from the commission closing the administrative complaint. See 43 Pa. Stat. Ann. § 959(h); 43 Pa. Stat. Ann. § 962(c)(2). The accrual of the cause of action is an alleged act of discrimination, harassment or retaliation. (See 43 Pa. Stat. Ann. § 955; 16 Pa. Code § 44.5.)

Actions for wage and hour violations under Wage Payment and Collection Law (43 Pa. Stat. Ann. §§ 260.1–260.11a) have a statute of limitations of 3 years. See 43 Pa. Stat. Ann. § 260.9a(g). The accrual of the cause of action is the failure to pay wages when due. (43 Pa. Stat. Ann. § 260.3).

Actions under the Equal Pay Law (43 Pa. Stat. Ann. §§ 336.1–336.10) have a statute of limitations of 2 years. See 43 Pa. Stat. Ann. § 336.5(b). The accrual of the cause of action is an alleged act of discrimination or retaliation. See (43 Pa. Stat. Ann. §§ 336.3(a), 336.8(a).)

Rhode Island

“Under the laws of Rhode Island, employment discrimination claims brought under the Rhode Island Civil Rights Act (RICRA) are governed by Rhode Island’s three-year residual statute of limitations for actions for injuries to a person.” See Korsak v. Honey Dew Assocs., No. PC 13-0105, 2015 R.I. Super. LEXIS 118, at *6 n.5 (Super. Ct. Sep. 15, 2015)(citing G.L. 1956 § 42-112-2; Rathbun v. Autozone, Inc., 361 F.3d 62 (1st Cir. 2004).)

South Carolina

Actions for employment discrimination have a statute of limitations of 180 days to file a complaint with the South Carolina Human Affairs Commission; the earlier of 120 days from South Carolina Human Affairs dismissal or 1 year from the alleged violation to commence a civil action.

See S.C. Code Ann. § 1-13-90(a), (d)(6). For a complaint to the South Carolina Human Affairs Commission, the accrual of the cause of action is when the conduct occurs; for a claim in court, when the South Carolina Human Affairs Commission dismisses the action or when the conduct occurs.

Actions for or relating to wages claimed under a federal statute or regulation have a statute of limitations of 1 year. See S.C. Code Ann. § 15-3-560(1). The accrual of the cause of action is when the violation occurs.

Actions under the South Carolina Payment of Wages Act have a statute of limitations of 3 years. See S.C. Code Ann. § 41-10-80(C). The accrual of the cause of action is when the wages become due.

Actions for workers’ compensation have a statute of limitations of 2 years. See S.C. Code Ann. § 42-15-40. The accrual of the cause of action is the date of the accident or, if death resulted, the date of death. However, for occupational disease claims, the claim does not accrue until the employee has been definitively diagnosed with an occupational disease, and notified of the diagnosis.

South Dakota

“The statute of limitation for worker’s compensation claims is “two years after an injury.”” See Bearshield v. Gregory, 278 N.W.2d 164, 165 (S.D. 1979); SDCL 62-7-35. See note 1, supra. “SDCL 62-7-35 reads, in part:

The right to compensation under this title shall be forever barred unless within two years after an injury, or if death results therefrom, within two years after the death, a claim for compensation thereunder is filed with the department.”

Bearshield v. Gregory, 278 N.W.2d 164, 164 n.1 (S.D. 1979.) “In cases…where the existence and extent of injury is unknown at the time of the accident, it would be unfair to begin the running of the statute of limitations at the time of the accident.” See Bearshield v. Gregory, 278 N.W.2d 164, 165 (S.D. 1979.) “…[T]he statute of limitations runs from the time it became apparent that a compensable injury has been sustained” and “[t]his rule applies where it later becomes apparent that a much more serious injury resulted from the accident than was at first supposed, and the plaintiff had no knowledge that such was the situation. . . .” See Bearshield v. Gregory, 278 N.W.2d 164, 165 (S.D. 1979) (citing (198 N.W.2d at 462-463).)

Tennessee

Actions under the Tennessee Human Rights Act (THRA) have a statute of limitations of 180 days to file a complaint with the Tennessee Human Rights Commission (THRC); 1 year to file a civil action. See: Tenn. Code Ann. §§ 4-21-302(c), 4-21-311(d). The time to file a complaint with the THRC accrues when the violation of the THRA occurs; the time to bring a civil action accrues on the date the discriminatory practice ceases.

Actions under the Tennessee Equal Pay Act (TEPA) have a statute of limitations of 2 years. See Tenn. Code. Ann. § 50-2-205. The accrual of the cause of action is the date the violation occurs.

Actions under the Tennessee Disability Act (TDA) have a statute of limitations of 180 days to file a complaint with the THRC; 1 year to file a civil action. See Tenn. Code Ann. §§ 4-21-302(c), 8-50-103(c), 4-21-311(d). The time to file a complaint with the THRC accrues when the violation of the TDA occurs; the time to bring a civil action accrues on the date the discriminatory practice ceases.

Actions for workers’ compensation have a statute of limitations of 1 year. See Tenn. Code Ann. § 50-6-203. The accrual of the cause of action is the date of the accident.

Texas

Filing of an administrative complaint with the Texas Workforce Commission (TWC) for unlawful employment practice under Tex. Lab. Code § 21.001 et seq. (employment discrimination) has an statute of limitations of 180 days (or 300 days if complaint alleges sexual harassment, effective Sept. 1, 2021). See Tex. Lab. Code § 21.202(a), (a-1). The accrual of the cause of action is the date that the alleged unlawful employment practice or sexual harassment occurred (Tex. Lab. Code § 21.202(a), (a-1)); for unlawful discrimination that “manifests itself over time, rather than [as] a series of discrete acts,” the filing deadline does not run until one of the involved discriminatory acts should have alerted the average layperson to act to protect his or her rights. (Univ. of Tex. v. Poindexter, 306 S.W.3d 798, 808 (Tex. App.—Austin 2009, no pet.).)

A civil action for unlawful employment practice under Tex. Lab. Code § 21.001 et seq. (employment discrimination) has a statute of limitations of 60 days. See Tex. Lab. Code § 21.254. The accrual of the cause of action is the date of receipt of notice of the right to file a civil action from TWC; but if no right-to-sue notice is received, the action must be brought no later than two years after date plaintiff filed the administrative complaint with TWC. (see Tex. Lab. Code § 21.256.)

An action for unpaid minimum wage plus penalties has a statute of limitations of 2 years. See Tex. Lab. Code § 62.202. The accrual of the cause of action is the date on which unpaid wages were due and accruable. See Tex. Lab. Code § 62.202.)

Utah

Actions for employment discrimination have a statute of limitations of 180 days to file a complaint with the Utah Labor Commission. See Utah Code Ann. § 34A-5-107(1)(c). The accrual of the cause of action is when the discriminatory conduct occurs.

Vermont

“There are two statutes of limitation that govern workers’ compensation proceedings.” See Longe v. Boise Cascade Corp., 762 A.2d 1248, 1253 (Vt. 2000.) “First, under 21 V.S.A. § 656, a claimant (1) must file a notice of injury with the employer “as soon as practicable” after he or she sustains an injury, and (2) must file a claim “within six months after the date of the injury.”” See

Longe v. Boise Cascade Corp., 762 A.2d 1248, 1253 (Vt. 2000)(citing 21 V.S.A. § 656 (amended by 1993, No. 225 (Adj. Sess.), §§ 9, 32).) “However, 21 V.S.A. § 660 excuses the failure to timely give notice or make a claim “if it is shown that the employer, his agent or representative, had knowledge of the accident or that the employer has not been prejudiced by such delay or want of notice.”” See Longe v. Boise Cascade Corp., 762 A.2d 1248, 1253 (Vt. 2000)(citing 21 V.S.A. § 660 (amended by 1993, No. 225 (Adj. Sess.), §§ 10, 32).) “Second, a claimant must file a notice of hearing with the Department “within six years from the date of injury.”” See Longe v. Boise Cascade Corp., 762 A.2d 1248, 1253 (Vt. 2000)(citing Fitch v. Parks & Woolson Mach. Co., 109 Vt. 92, 98, 191 A. 920, 923 (1937).)

Virginia

Actions based on employment race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin have a statute of limitations of 180 days to file a complaint with the Division of Human Rights from the date of the alleged discriminatory practice (no statute of limitations for filing a civil suit is specified). See 1 Va. Admin. Code § 45-20-30(D). The accrual of the cause of action is when the violation occurs.

Actions for failure to provide a reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions, where an administrative complaint has not been filed, have a statute of limitations of 2 years. See Va. Code Ann. § 2.2-3909(E). The accrual of the cause of action is an unlawful denial of rights.

Actions for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions, where an administrative complaint has been filed have a statute of limitations of 90 days. See Va. Code Ann. § 2.2-3909(E). The cause of action accrues when there is a final disposition of the administrative complaint.

Actions for employment discrimination based on disability have a statute of limitations of 1 year (but 180 days to either commence an action or file by registered mail a written statement of the nature of the claim with the potential defendant(s).) See Va. Code Ann. § 51.5-46. The cause of action accrues when the violation occurs.

Washington

An action under Wash. Rev. Code Ann. § 49.60.030 for damages under Washington’s Law Against Discrimination (Wash. Rev. Code Ann. § 49.60.010 et seq.) has a statute of limitations of 3 years. See Wash. Rev. Code Ann. § 4.16.080(2); Martini v. Boeing Co., 88 Wn. App. 442, 452, 945 P.2d 248 (1997). The accrual of the cause of action is when plaintiff discovers, or in the reasonable exercise of diligence should discover, the existence of facts underlying the elements of plaintiff’s cause of action. (See 1000 Virginia Ltd. P’ship v. Vertecs, 158 Wn.2d 566, 575–76, 146 P.3d 423 (2006).)

An action under Wash. Rev. Code Ann. § 49.46.090(1) for failure to pay minimum wage or overtime compensation as required under Wash. Rev. Code Ann. § 49.46.005 et seq. (Washington Minimum Wage Act) has a statute of repose of 3 years. See Wash. Rev. Code Ann. § 4.16.080(3); Seattle Prof’l Eng’g Emples. Ass’n v. Boeing Co., 139 Wn.2d 824, 837, 99

P.2d 1126 (2000). The accrual of the cause of action is when plaintiff discovers, or in the reasonable exercise of diligence should discover, the existence of facts underlying the elements of plaintiff’s cause of action. (See 1000 Virginia Ltd. P’ship v. Vertecs, 158 Wn.2d 566, 575–76, 146 P.3d 423 (2006).)

West Virginia

“…[I]n cases involving allegations of discharge from employment related to claims of sexual harassment or discrimination, a two-year statute of limitations for personal injuries begins to run on the date of the last offensive contact, or threat of offensive contact, which precipitated the termination of employment.”

See Harmon v. Higgins, 426 S.E.2d 344, 347 (W. Va. 1992.)

Wisconsin

“Section 111.39(1), Stats., states, in relevant part:

The department may receive and investigate a complaint charging discrimination or discriminatory practices or unfair honesty testing in a particular case if the complaint is filed with the department no more than 300 days after the alleged discrimination or unfair honesty testing occurred.”

See Hilmes v. Dep’t of Indus., Labor & Human Relations, 433 N.W.2d 251, 253 (Wis. Ct. App. 1988.)

Wyoming

“Under Wyo. Stat. Ann. § 27-14-502(a) (LexisNexis 2015), an injured worker is required to report an injury to his employer as soon as possible and in no event later than 72 hours after the general nature of the injury becomes apparent” and “[t]he employee is also required to file an injury report on a form prescribed by the Division within ten days after the injury became apparent.” See King v. Cowboy Dodge, Inc., 357 P.3d 755, 757 n.2 (Wyo. 2015.)