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

by on
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)

Leave a Comment