Bugadont
03-30-2006, 09:41 AM
If you were fired in June of 2005, how long do you have to file a discrimination complaint?
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Bugadont 03-30-2006, 09:41 AM If you were fired in June of 2005, how long do you have to file a discrimination complaint? Marketeer 03-30-2006, 09:56 AM From the EEOC website: Title VII of the Civil Rights Act (Title VII) charges must be filed with EEOC within 180 days of the alleged discriminatory act. However, in states or localities where there is an antidiscrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. Furthermore, in such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact EEOC promptly when discrimination is suspected. When charges or complaints are filed beyond these time frames, you may not be able to obtain any remedy. cbg 03-30-2006, 10:00 AM You have already exceeded the time allowed to file with the EEOC. Depending on what kind of discrimination claim you believe you have (not all discrimination claims are created equal) you MAY have until June of 2006 to file at the state level. More information is needed before we can be more specific. Bugadont 03-30-2006, 10:17 AM I was pregnant. mitousmom 03-30-2006, 10:20 AM Why did you wait so long to consider filing a discrimination complaint? cbg 03-30-2006, 10:24 AM Then you are out of luck because, hard as it might be to believe, pregnancy is not a protected characteristic under West Virginia law. If you had done so sooner, you would have been able to file at the Federal level, but your window of opportunity to do so closed several months ago. Bugadont 03-30-2006, 10:54 AM I contacted an atty. as soon as I was fired. I signed a contingecy agreement in Nov-2005.I'm not sure if he has filed a complaint as of yet.Is it too late? And if it is, can he now file in Penna? cbg 03-30-2006, 10:59 AM I just got finished telling you that yes, it is too late. How does PA come into this? If this happened in WV, then that's where a claim would get filed. Bugadont 03-30-2006, 11:11 AM I was responding to the question as to why I waited so long to consider filing a claim.As you can see, I didn't wait. The atty. did. Pa. comes into this because he said he could file in Pa . :confused: cbg 03-30-2006, 11:14 AM Okay, you've lost me. Did this happen in WV or PA? Bugadont 03-30-2006, 11:18 AM W Va. But I live in Pa. cbg 03-30-2006, 11:21 AM Well, I'm not sure that gives you the ability to file in PA, but in any case it doesn't matter. While I was waiting for you to respond I checked the PA human relations website, and you've passed the SOL to file with them too. mitousmom 03-30-2006, 01:54 PM You can file a charge of discrimination with the federal agency, EEOC, in any of its offices. However, the charge will be processed by the office that has jurisdiction over the location of your employer. Although the federal EEO statutes require that a charge be filed within 180/300 days of the date of the alleged discriminatory act, the limitations period is subject to equitable tolling, equitable estoppel, and waiver. There are circumstances under which the charge could be accepted even though the alleged discriminatory act occurred outside the limitations period. It is unlikely that your situation is covered, but it never hurts to contact EEOC and ask. * Find more information on Equal Employment Opportunity-Discrimination. |
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