Figuring Out Which Court
Two questions: federal or state, and which district within it. Title VII has its own venue rule, and districts are defined by county.
Two questions, not one
Which court system (federal or state), and which specific court within it.
Federal or state
The EEOC describes the Notice of Right to Sue as permitting a lawsuit in federal or state court. Federal discrimination claims aren't confined to federal court — state courts can hear them, often alongside state-law claims. A defendant may in some circumstances move a case filed in state court into federal court, a process called removal under 28 U.S.C. §§ 1441–1455.
Which federal district
Title VII has its own venue provision. Under 42 U.S.C. § 2000e-5(f)(3), an action may be brought in any judicial district in the state where the unlawful practice is alleged to have been committed; the district where the relevant employment records are maintained and administered; the district where the person would have worked but for the alleged practice; or, if the respondent isn't found in any of those, the district of the respondent's principal office.
A wrinkle worth knowing
That provision applies to Title VII. Claims under other statutes — the ADEA, § 1981 — are governed by the general venue statute at 28 U.S.C. § 1391, which is narrower and district-specific. A complaint bringing multiple statutes has to satisfy both.
Districts and divisions
Federal judicial districts, and the divisions inside them, are defined by statute in terms of counties. Some states are a single district; others have two, three, or four, each possibly subdivided into divisions with separate courthouses. Because the definitions are county-based, the county a location sits in — not its city or ZIP code — determines the district and division.
Sources
42 U.S.C. § 2000e-5(f)(3); 28 U.S.C. §§ 81–144, 1391, 1441–1455; EEOC, "Filing a Lawsuit."
Red flags to watch for
- Choosing a district by city rather than county
- Multiple statutes in one complaint without checking venue for each
- No division identified where the district has several courthouses
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Start AI screeningSources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.