If an employee cares enough about a promotion, assignment or training opportunity to contact HR with a complaint, save the note, email or other communication.
Here’s why: If he sues, you may be able to use the information to show when the employee knew he had a claim. That may help get the case tossed out on a technicality like not filing the EEOC complaint within 300 days of the alleged discrimination.
Recent case: Wendell, who is black, missed out on a promotion. He wrote a note to HR stating he would be resigning soon because of “the elevation of a non-Black peer.” After eventually leaving his job, he complained to the EEOC about alleged race discrimination.
But his case was thrown out fast after his employer argued he knew about the alleged discrimination when he first contacted HR more than 300 days before complaining to the EEOC. (Hall v. E.I. DuPont, No. 13-4714, 3rd Cir., 2014)
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