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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- EEOC lawsuit shows ADA mental disability peril
- Make sure employees know FMLA policy on returning to work
- Tell supervisors: No retaliation against employees who settled discrimination claims
- California Supreme Court's big break ruling: Workers must be completely relieved of duties