Selected Deadlines for Whistleblowers |
| Claim type | Subject matter of claim | Deadline |
| EEOC claims | discrimination on the basis of race, sex, national origin, or retaliation for filing discrimination complaint | report to agency EEO office within 45 days of incident; file with EEOC within 180 days |
| Rehabilitation Act and ADA claims |
discrimination on the basis of actual or perceived disability substantially impairing one or more major life activity(ies) | file with EEOC or comparable state office within 180 days for ADA and then within 90 days of right to sue letter; from 6 months to 6 years depending on applicable state law for Rehabilitation act |
| Internal and Union Grievances | violation of federal civil service laws or union contract rule, respectively | must receive information available from agency personnel office or union representative |
| OSC claims | actual or threatened retaliation in violation of federal civil service laws | after retaliatory incident (though OSC rarely accepts cases for investigation more than a year old) |
| MSPB appeal | adverse personnel action | 30 days from adverse personnel action |
| MSPB appeal | loss of employment | 30 days from termination date |
| MSPB appeal | OSC declination of whistleblower claim | 65 days from OSC issuance of IRA letter |
| Dept. of Labor | unfair labor practice | 6 months of incident |
| Dept. of Labor | Sarbanes-Oxley whistleblower reprisal | 90 days of incident |
| Dept. of Labor | various environmental statutes | 30 days to months after incident |
| Fed. District Court | negligence by federal employee in the scope of his duties; false arrest and similar intentional actions by law enforcement officers within the scope of their duties | 2 to 3 years (depending on applicable state law) |
| Fed. District Court | violations of constitutional rights | 1 to 4 years (depending on applicable state law) |
| Fed. Ct. Claims | financial loss because of contract violation | 6 years |
Ways to toll (extend) limitations period:
1. tolled because of mental disability (difficult
to prove most functional employees are of
unsound mind)
2. equitable tolling--employer misled employee
about statute of limitations (affirmative
misconduct) or employer persuaded employee
not to file a complaint by promising not
to invoke the statute of limitations (adverse
reliance)
3. injury is ongoing (continuing violation)
Those utilizing internal or union grievance procedures should remember that these deadlines are not extended because of that grievance. The clock begins running at the time of the harm or illegal action, not when the grievance (collateral review) is denied.
| Go to Civil Service Appeals Page | Go to OSC, MSPB and Federal Circuit Appeals Page | Go to EEOC, DOL and Regional Appeals Courts Page |