Here’s a tip that could save your organization from a protracted legal mess: When an employee says she’s considering filing an EEOC complaint and you know she doesn’t have much more time left, don’t do anything to dissuade her from filing.
Recent case: Beverly Gill claims her employer asked her for time to investigate her gender discrimination case before she filed an EEOC complaint. She then missed the deadline and accused her employer of purposely making her lose her right to sue.
The court said that if her employer had made the request very close to the filing deadline, she might have had a case. But in this case, the request came so early, she had plenty of time to file once it was clear the employer wasn’t going to settle. (Gill v. Heritage Propane, et al., No. 1:01-CV-28, MD NC, 2010)