Employer conceals facts? Workers have more time to sue

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in Employment Law,Human Resources

Employees typically have just 300 days from the date an alleged discrimination occurred to file an EEOC ADA-related complaint. But the calendar grows longer if the employer conceals important facts.

Recent case: Stanley, a Union Pacific employee, claimed the company forced him to undergo alcoholism treatment during a suspension, but that it promised to reinstate him. It never did.

When Stanley sued several years later, he argued that Union Pacific hid facts from him, such as proof in his medical records that he didn’t really need treatment.

The court said he could reframe his lawsuit, alleging that the 300-day limit should run from when he discovered the concealed information. Stanley  can sue, alleging that the railroad violated his ADA rights by requiring treatment he didn’t need—something he hadn’t known for years. (Smith v. Union Pacific, No. 11-2750, 7th Cir., 2012)

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