Employment Discrimination and Abuse Statute of Limitations

Rodney Mesriani

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Employment / Labor Attorney

Contributor Level 12

Posted over 1 year ago. 1 helpful vote

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Many people would say that timing is everything. Guess the same holds true in a lot of things like when you file an employment discrimination case. While these laws are out to protect your rights as an employee, it also has safeguards to protect employers from malicious complaints by their workers. The law gives you a limited, but enough time to file charges of discrimination done against you. When this time period has passed, no matter how compelling or grave your complaint may be, technicalities may have it dismissed, leaving you with no way to file a complaint to fight for your rights. For most of the discrimination charges, there is a 180 calendar day period for when you can file your claims. There are a few exceptions where you can have it extended up to 300 calendar days. The question though, is why wait when you really feel like fighting for your rights? If you have been really badly affected by the abuse against you, you’d definitely want to get justice from such offense. Most often than not, you’d be filing your complaint right away, as long as you have all the requirements in filing such complaint. That is why it is much advisable that you file your complaint as soon as possible. This does not only make your complaint seem more legit, it can also help expedite its processing. This way, you can save time and get on to the next phase of your impending legal battle. If there is any reason that keeps you from preventing your complaint right away, you should remember that there are strict rules when it comes to deadlines. These deadlines are not often extended so make sure that you do everything possible to file your complaints within the allowed time, called a statute of limitations. Should you wish to try and resolve the issues about your complaint in your office’s internal grievance avenues, you must also take note of the statute of limitations that govern the validity of your complaint. Some of you may ask “What if the offense is ongoing? What would be the deadline for the submission of my complaint would be?" Fortunately, the EEOC has already discussed this very clearly in its website http://www.eeoc.gov/employees/timeliness.cfm where it said that the day when the last offense was made against you shall be the day you start counting the 180-day deadline. In cases where multiple kinds of abuse were committed against you, each of the offenses has its own, separate 180-day deadline. On the other hand, for offenses like violations of the Equal Pay Act and the Title VII of the Civil Rights Act of 1964, they should be directly filed to the courts. In these offenses, you have a two-year deadline since the day the last act of abuse was done against you. Just keep in mind to get the services of a Los Angeles employment discrimination lawyer right now to get the justice you deserve.

Additional Resources

http://www.eeoc.gov/employees/timeliness.cfm Equal Pay Act and the Title VII of the Civil Rights Act of 1964

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