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Glossary

right to sue letter

Without one, a discrimination case can stall before it even starts, no matter how strong the facts are. A right to sue letter is the formal notice from an agency - most often the U.S. Equal Employment Opportunity Commission (EEOC), and sometimes a state fair employment agency - saying its handling of your administrative charge is finished and you may file a lawsuit in court under laws like Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act.

Technically, the letter does not prove you were discriminated against. It opens the courthouse door. In many employment cases, you must first file a charge of discrimination with the EEOC or a partner agency before suing. Once the letter is issued, the clock gets very real: under federal law, you generally have 90 days to file your lawsuit after receiving it. Miss that deadline, and a valid claim can be thrown out on timing alone.

In New Mexico, workplace discrimination claims may also involve the New Mexico Human Rights Act, NMSA 1978, § 28-1-1 through § 28-1-15. Claims are commonly processed through the New Mexico Human Rights Bureau, which has its own administrative steps and deadlines. That matters because a right to sue letter can affect whether you pursue damages, back pay, reinstatement, or a negotiated settlement - and whether you get any recovery at all.

by Jake Patterson on 2026-03-29

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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