A Right to Sue letter is a legal notice issued by a government agency like the Equal Employment Opportunity Commission (EEOC) or California's Civil Rights Department (CRD) that confirms you have completed the required administrative steps to file a lawsuit for workplace discrimination or harassment. This document essentially gives you permission to take your case to court. Once you receive this letter, you typically have a limited time to file your lawsuit, making it critical to understand the process, timing, and next steps involved in pursuing your employment claim.

Key Takeaways:

• A Right to Sue letter authorizes you to file a discrimination or harassment lawsuit in court
• The EEOC handles federal claims while state agencies like California's CRD handle state law violations
• Federal claims generally require filing within 90 days, while California FEHA claims allow one year
• You can request this letter early or wait for the agency to complete its investigation
• The letter does not mean the agency found your employer at fault

Navigating employment law can feel overwhelming, especially when you're not an employment attorney and are dealing with workplace mistreatment. Understanding what a Right to Sue letter means and how it affects your case is essential to protecting your legal rights. This guide explains everything you need to know about obtaining this notice and what happens next.

What Is a Right to Sue Letter?

A Right to Sue letter is essentially your "ticket" to federal or state court in an employment discrimination case. Most employment laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), require you to "exhaust administrative remedies" before filing a lawsuit. This means you must first file a charge with a government agency and allow them the opportunity to investigate before you can go to court.

The letter confirms that this administrative requirement has been satisfied. It does not mean the agency found evidence of discrimination or that you have a strong case. It simply means you have met the procedural requirements necessary to proceed with a lawsuit in civil court.

Note: The Age Discrimination in Employment Act (ADEA) has different procedural rules. You may file suit 60 days after filing a charge, even without receiving a Right to Sue letter. The Equal Pay Act does not require an EEOC charge at all and allows you to file directly in court.

How and When to Obtain a Right to Sue Notice

Getting a Right to Sue letter can happen in two ways depending on whether you wait for the agency's investigation or request the letter early. The timing rules differ significantly between federal EEOC charges and California CRD charges.

The Automatic Issuance

If the agency completes its investigation and decides not to pursue your case further, it will automatically issue a Right to Sue letter. This typically happens when the agency determines there is not enough evidence to support your claim, lacks resources to continue the investigation, or closes the case for administrative reasons. You do not need to take any action in this scenario, as the letter will be mailed to you directly.

Requesting an Early Right to Sue

You can request a Right to Sue letter before the agency finishes its investigation, but timing rules vary by agency. For EEOC charges under Title VII or the ADA, you must wait at least 180 days after filing your charge before requesting the letter. For California CRD charges under FEHA, you may request a Right to Sue immediately upon filing without any waiting period.

Steps to Request an Early Right to Sue Letter from the EEOC:

1. Log into the EEOC Public Portal using your credentials
2. Navigate to your active charge and select the option to request a Notice of Right to Sue
3. Submit your request electronically through the portal
4. Wait for the agency to process your request, which might take 2-4 weeks
5. Receive your letter by mail or through the online portal

The 90-Day Deadline: Why Timing Is Everything

Once you receive your Right to Sue letter for federal claims under Title VII or the ADA, you have exactly 90 days to file a lawsuit in federal court. This deadline is strict and courts rarely grant extensions, even for legitimate reasons. Missing this deadline could mean losing your right to sue permanently under federal law.

Example: If you receive your Right to Sue letter on June 1st, you must file your lawsuit by approximately late August. The 90-day clock starts on the date you receive the letter, not the date it was issued by the agency.

The 90-day statute of limitations for federal claims is one of the shortest in civil law. Courts have dismissed cases filed even one day late, so immediate action is essential. California FEHA claims have different deadlines, generally allowing one year from the date the CRD issues the Right to Sue notice.

What Happens After You Get the Right to Sue?

Receiving a Right to Sue letter marks the beginning of the litigation process, not the end of your case. Several important steps must happen quickly to preserve your legal rights, especially for federal claims with the 90-day deadline.

Your next steps include:

• Consulting with an employment attorney if you have not already done so
• Carefully reviewing the Dismissal and Notice of Rights document that accompanies the letter
• Filing a formal Complaint in the appropriate federal or state court within the deadline
• Preparing for the discovery phase where both sides exchange evidence and information
• Proceeding through settlement negotiations or trial depending on how your case develops

Strategic Considerations: Should You Wait for the Investigation?

Deciding whether to wait for the agency investigation or request an early Right to Sue letter involves weighing several factors specific to your situation. The decision is particularly important in California, where you can request a CRD Right to Sue immediately without waiting.

Benefits of Waiting for the Investigation:

• The agency conducts a free investigation and may gather evidence on your behalf
• If the agency finds reasonable cause, it may attempt to negotiate a settlement with your employer
• You gain insight into the strengths and weaknesses of your case based on the agency's findings
• The agency's investigative file can provide valuable discovery material for your lawsuit

Benefits of Requesting an Early Letter:

• You can move your case to court faster rather than waiting months or years for an agency investigation
• You gain more control over the litigation timeline and strategy
• You can begin formal discovery through the court system with broader investigative tools
• You avoid the frustration of a slow administrative process that may not result in meaningful action

The best choice depends on the specific facts of your case, the strength of your evidence, and whether you have legal representation ready to pursue litigation.

Frequently Asked Questions

What is the meaning of a Right to Sue letter?

A Right to Sue letter is an official notice from a government agency confirming you have satisfied the administrative requirements necessary to file a discrimination or harassment lawsuit against your employer.

Does a Right to Sue letter mean I have a good case?

No, the letter does not mean the agency found your employer violated the law or that you have strong evidence. It simply means you have completed the administrative process and are legally permitted to file a lawsuit.

What is the difference between a Right to Sue letter and a Cease and Desist letter?

A Right to Sue letter is issued by a government agency authorizing you to file a lawsuit, while a Cease and Desist letter is a private demand sent by an individual or attorney asking someone to stop certain behavior.

How long does it take to get a Right to Sue letter?

If you request it early, the agency might issue the letter within 2-4 weeks. If you wait for the investigation to complete, it may take anywhere from several months to over a year.

Can I still settle with my employer after receiving the letter?

Yes, you can negotiate a settlement at any time, even after receiving a Right to Sue letter. Many cases settle before a lawsuit is filed or during the litigation process.

What happens if I miss the 90-day deadline for federal claims?

Missing the 90-day deadline to file your lawsuit could result in your case being dismissed and losing your right to sue under federal law. Courts have very limited discretion to extend this deadline.

Moving Forward: Your Next Steps After Receiving a Notice

While receiving a Right to Sue letter is an important milestone, it marks the beginning of the real legal work required to pursue your claim. The filing deadlines are unforgiving and require immediate consultation with an experienced employment attorney in Los Angeles who can evaluate your case and determine the best strategy.

Taking action quickly gives you the best chance of building a strong case and meeting all critical deadlines. Whether you decide to file a lawsuit or explore settlement options, having knowledgeable legal counsel on your side makes all the difference in protecting your rights and achieving a favorable outcome.

At Kingsley Szament Employment Lawyers, we help workers turn Right to Sue letters into successful employment claims. Our team understands the complexities of discrimination, harassment cases, and wrongful termination claims.  We know how to navigate the tight deadlines and procedural requirements involved. Contact us today for a free consultation to review your Right to Sue letter and discuss the best path forward for your specific situation.