My friend was discriminated against by his employer, retaliation and all. The EEOC started investigating July 2016. The case has gone past the position statement, and the rebuttal has been given. Investigator signified that the case is strong. Will my
friend have an issue sueing the employer because the Maryland statute of limitation has expired(if any), or does the 90days to sue stand, regardless after a determination has been made. Also, do you think it would be better for him to sue, or for him to let the EEOC sue on his behalf?. Concurrently, will it be possible for him to sue after the EEOC sues?
Under federal law (Title 7), as long as the EEOC complaint was timely filed with the agency, the statute of limitations begins to run when the "right to sue" letter is received- and is 90 days. Suing under the MD or local anti-discrimination law ordinarily must be done within 2 years of the discriminatory/retaliatory act. Your friend may want to discuss with an employment/labor attorney, as what is "better" to do depends on many factors.
This answer is not intended to create an attorney-client relationship, and is intended for general informational purposes only. Questions and answers or other postings on this site are not confidential and are not subject to attorney-client privilege.
A strong case is a strong case. It deserves to be filed promptly while witnesses are still around and before memories have faded. Your friend cannot assume the EEOC will sue on his/her own behalf. They should retain counsel.
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