One of the easiest ways to win a bias or harassment lawsuit is to get it dismissed on the grounds that the employee who is suing missed the 180-day deadline for filing an EEOC complaint or never filed at all. That’s a prerequisite for Title VII lawsuits.
Check with the EEOC, and then pass the information to your attorneys, along with the lawsuit papers.
Recent case: Eddie Pittman worked for Archer Western Construction for just a few months before he quit. Later, he filed a lawsuit alleging he quit because a gay co-worker sexually harassed him.
But Archer Western discovered that Pittman had never filed an EEOC complaint. That got the case quickly booted out of court. (Pittman v. Archer Western Construction, No. 3:11-CV-556, WD NC, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Doggedly stubborn law firm sued over access for service animal
- Remind hiring managers: What you wear during interview may invite discrimination lawsuit
- Trucking companies unload $50K to settle retaliation suit
- EEOC issues guidance on leave as a reasonable accommodation