To file a legal workplace discrimination claim with the EEOC, employees must show that the alleged discrimination occurred within a certain time frame or filing "threshold." Now, the EEOC has revised its rules regarding lawsuit-filing thresholds to conform with a 2002 Supreme Court ruling on the subject. (National Railroad Passenger Corp. v. Morgan)
That case said that how long employees have to file an EEOC complaint depends on whether they're complaining about an individual act or a collection of actions that add up to a "hostile work environment."
In most cases, employees have 300 days to file an EEOC complaint. If the complaint concerns one single act, the time period to file starts on the date of that act. But in hostile work environment claims, only one of the series of discriminatory actions needs to be within the time period.
For details, go to www.eeoc.gov/policy /docs/thresholdrevision-qanda.html.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to make the leap to electronic HR records
- Get expert legal advice to make sure arbitration agreements are valid and enforceable
- Employees lose claim they were targeted for discomfort due to age
- Supervisors need to know: Honest performance assessments essential