Footnote 178

"Later" is almost always synonymous with "in litigation." Depending on whether the state in which a complaint arises has a state or local law proscribing employment discrimination, the aggrieved worker must file her charge with the EEOC either 180 or 300 days after the unlawful act occurred. See Modjeska, supra note 79, §§ 6.02, 6.03, at 6-3 to 6-8 (3d ed. 2002). In order to have the right to sue in federal court, the plaintiff must exhaust her administrative remedies. See id. § 6.10, at 6-37 to 6-37 (3d ed. 2002). A civil action must be filed no later than 90 days from receipt of a right-to-sue notice from the EEOC. Ordinarily, a right-to-sue notice must issue when the EEOC fails to act within 180 days after the filing of a charge. See id. § 6.10, at 6-38 (3d ed. 2002) (detailing circumstances in which a right-to-sue notice must issue).