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Statue of limitations to file a discrimination lawsuit after filing a charge with EEOC.

Dallas, TX |

What is the statue of limitations to file a discrimination lawsuit after filing a complaint with EEOC after finding out years later that another employee of the same company filed a lawsuit for discrimination as well. The plaintiff and their attorney would like for me to give a statement of what happened to me and the complaint I made to EEOC. What type of recourse or rights do I have in this matter? Please elaborate....

And can a class action suit be filed if the time limits have passed? How many people need to be in a class action suit?

Thank you in advance for your time and consideration.

Attorney Answers 1

  1. Your question seems to presuppose that the discrimination that you allegedly suffered is identical to the discrimination suffered by the other employee commenced a lawsuit. You did not indicate the type of discrimination that you suffered. As a general rule, a lawsuit that alleges discrimination on the basis of race, color, religion, gender, national origin, age, disability, genetic information, or retaliation, can be brought within 90 days of your receipt of Right-to-Sue notice issued by EEOC.

    Your rights may be different under the state laws of Texas, which, as a New York attorney, I cannot advise you about, and thus you may want to confer with a local attorney.

    It is, at least theoretically, possible for the lawsuit filed by the other employee to be amended to add additional plaintiffs, but that will not directly deal with the issue as to timeliness.

    A class action, in response to your question, is based upon the notion that the class is so numerous as to make it impractical to name every plaintiff. There would also have to be common questions of fact and of law and the named plaintiffs would have to adequately protect the interests of the class.

    Good luck to you.

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