Deferral State | Practical Law

Deferral State | Practical Law

Deferral State

Deferral State

Practical Law Glossary Item 6-572-6885 (Approx. 3 pages)

Glossary

Deferral State

A state with a state or local Fair Employment Practices Agency (FEPA) authorized to enforce its state or local anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC) generally defers to the local FEPA during the first 60 days after a plaintiff files an administrative charge of discrimination or harassment when the charge includes a state or local law violation. A plaintiff in a deferral state must file an administrative charge with the EEOC within 300 days of the discriminatory conduct. If the conduct occurred in a state that is not a deferral state, the plaintiff must file a charge with the EEOC within 180 days of the discriminatory conduct.
For more information on the filing of administrative charges and exhaustion of administrative remedies, see Practice Note, Exhaustion of Administrative Remedies and Statutes of Limitations Under Employment Discrimination Laws.