When employee sues, always check EEOC filing date — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

When employee sues, always check EEOC filing date

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in Discrimination and Harassment,Human Resources

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)

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