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A charge of age discrimination must be brought to the EEOC no later than:

  1. 300 days after the alleged discrimination

  2. 30 days after termination of the state administrative proceeding

  3. The LATER of A or B

  4. The EARLIER of A or B

The correct answer is: The EARLIER of A or B

In the context of filing a charge of age discrimination with the Equal Employment Opportunity Commission (EEOC), the timeframe is crucial for ensuring that the complaint is valid and actionable. The correct timeframe to bring a charge is the earlier of either the time limit provided for federal claims or the time limit set by state law if there is a parallel state administrative process. The EEOC mandates that individuals have 300 days to file a charge if there is a state or local law prohibiting discrimination on the same basis, which can extend the time for certain claims. However, if the individual opts to go through a state administrative process, they must also consider the outcomes and timeline of that process. If a state charge is filed, a claimant generally has 30 days after the termination of that state proceeding to bring the issue to the EEOC. This means that the charge must be filed within the shorter of the two periods—either the 300 days or the 30 days after the state proceeding ends. By correctly choosing the earlier of these two options, a claimant ensures compliance with federal regulations and maximizes the opportunity for their discrimination claim to be considered. Choosing the later option would not be appropriate because it could risk missing the crucial timeframe established by federal law.