Statutory Limit
DMK
94 Posts
Does anyone know the statutory limit for an employee to file a sexual harassment claim?
DMK
94 Posts
Comments
I attended a seminar put on by a group of employment lawyers a few months back. This information was in the manual for the seminar. I hope it is helpful.
EEOC Guidance, Section V(C)(1)(a).
In describing the requirement for an effective complaint process, the EEOC takes the position that the employer should educate its employees about their right to file charges with the EEOC:
It is also important for an employer's anti-harassment policy and complaint procedure to contain information about the time frames for filing charges of unlawful harassment with the EEOC or state fair employment practice agencies and to explain that the deadline runs from the last date of unlawful harassment, not from the date that the complaint to the employer is resolved.
EEOC Guidance, Section V(c)(1)(c).
Significantly, the EEOC does not cite to any authority for its extreme contention that an employer should educate its employees - indeed, virtually provide legal advice - about how to bring claims against itself. The EEOC's position is particularly unreasonable in view of the fact the Title VII itself provides that charges of discrimination must be filed within 180 days, but court decisions have extended that time deadline to 300 days in states such as Arizona that have a state civil rights enforcement agency.
Good luck to you!