Choosing a Venue
You have 90 days to file, and venue is correctable. Get it reasonably right, don't agonize, and don't let the choice eat into the deadline.
The part to take seriously
Once you have a Notice of Right to Sue, you have 90 days to file a lawsuit. That deadline is the part to take seriously — it's set by law, and missing it can end the case before it starts. Picking the courthouse carries less pressure than people expect. Venue is correctable. A case filed in a proper district can be transferred later if another one turns out to be more convenient, and a case filed in the wrong district usually gets moved rather than thrown out — with the original filing date preserved. So: get it reasonably right, don't agonize, and don't let the decision eat into the 90 days.
It depends on what kind of claim you have
Race, color, sex, religion, national origin, disability, or retaliation. These fall under Title VII and the ADA, which have a wider venue rule than most federal cases. You can generally file in any federal district in the state where the discrimination happened — not only the one covering your workplace. You can also file where your employment records are kept, or where you would have worked if not for the discrimination.
Age or equal pay
These follow the ordinary federal venue rule, which is tied to a specific district rather than the whole state. In practice that means the district covering the worksite, or where the employer is located.
A combination
Plenty of charges include more than one kind of claim. When that happens, the safest choice is usually the district that covers the worksite, since that one tends to satisfy both rules at once.
Check the division
Most federal districts are split into divisions, each with its own courthouse, and which one handles your case usually comes down to the county. The district's website and local rules spell this out. It's a small detail that's easy to get wrong and easy to get right.
Pick the courthouse you can actually get to
A lawsuit can mean showing up — conferences, hearings, a deposition, possibly trial. If two courthouses are both proper, the closer one is a sensible default.
Look up the district's rules for people without lawyers
Districts differ on whether you can file electronically without an attorney, and many publish a handbook for self-represented litigants. Some run a help desk or a clinic. Worth checking before you file, not after.
Federal isn't the only option
A Notice of Right to Sue permits filing in federal or state court. State courts can hear federal discrimination claims, often alongside state-law claims. Which makes more sense depends on the case.
You choose a court, not a judge
Judges are assigned by each district's own system, usually at random. Filing somewhere specific in hopes of drawing a particular judge isn't how it works.
Sources
42 U.S.C. § 2000e-5(f)(3); 28 U.S.C. §§ 1391, 1404, 1406; district local rules.
Red flags to watch for
- Letting the venue question consume weeks of a 90-day deadline
- Filing in a division without checking which courthouse covers your county
- Assuming you can pick the judge by picking the court — judges are assigned, usually at random
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Wrongful Termination
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Start AI screeningSources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.