Some employees don’t get help with their potential employment lawsuits until after the EEOC has tossed out their complaints. By then, it may be too late—unless the employer makes a common mistake and pushes for more details. Instead, let it go. That way, you might win the case even if the claim was potentially valid.
Recent case: Joann, who is black and overweight, sued her former employer for alleged harassment and discrimination based on race and weight. But at the EEOC stage, her complaint never identified her as either black or obese. Nor did she mention race or disability in the complaint process. She waited until she filed a federal lawsuit after the EEOC dismissed her complaint.
The court threw out the lawsuit, telling her it was too late to make her claims. (Wellington v. Texas Guaranteed, et al., No. A-13-CA-077, WD TX, 2014)
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- Ensure lawyer knows about arbitration clause
- Follow basic rules for job descriptions, interviews to avoid hiring bias
- When religion is crux of workplace problems, base discipline on behavior--not belief
- With arbitration under attack, consider right-to-jury-trial waivers