Court won’t budge on 45-day bias claim deadline — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Court won’t budge on 45-day bias claim deadline

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in Discrimination and Harassment,Human Resources

Federal employees have just 45 days to file a complaint about discrimination in the workplace.

Recent case: Patrick lost his job at a federal facility, allegedly for drinking on the job. He filed a complaint, which was settled. Then Patrick began working for a government subcontractor. When his employer learned he was forbidden to enter the federal facility, he was terminated.

Patrick filed an EEOC complaint against the subcontractor. He added a retaliation claim against the federal facility, alleging it had retaliated against him when it barred him.

But he had not filed an EEO complaint with the facility’s EEO office within 45 days of losing his subcontractor job. He tried to argue that he couldn’t get on the premises to file, but he had no proof he had been otherwise prevented from filing. His claim was dismissed. (Baker v. McHugh, No. 15-41439, 5th Cir., 2016)

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