If you decide to file a civil action, first you must give the EEOC a written notice of intent to sue under the ADEA. You must file the notice with the EEOC within 180 calendar days of the date of the action you believe to be discriminatory. When you have filed the notice of intent to sue in a timely manner, you must wait at least 30 calendar days before filing a civil action.
Notices of intent to sue must be filed in writing with the EEOC. Mail the notice of intent to sue under the ADEA to:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
OFFICE OF FEDERAL OPERATIONS
FEDERAL SECTOR PROGRAMS
PO BOX 77960
WASHINGTON DC 20013-8960
Alternatively, if the notice is 10 pages or fewer, you may fax it to: 202-663-7022.
The notice of intent to sue should be dated and must contain the following information:
- Statement of intent to file a civil action under Section 15(d) of the Age Discrimination in Employment Act of 1967, as amended.
- Name, address, and telephone number of the employee or applicant.
- Name, address, and telephone number of the complainant’s designated representative, if any.
- Name and location of the Postal Service facility where the alleged discriminatory action occurred.
- Date on which the alleged discriminatory action occurred.
- Statement of the nature of the alleged discriminatory actions.
- Signature of the complainant or complainant’s representative.
Reminder: After the notice of intent to sue is timely filed, you must wait at least 30 calendar days before filing your civil action.
How long you have after that to file your civil action depends on the law where your civil action will be filed, so it is important that you consult with an attorney to make sure your civil action is filed on time.
