Think again if you believe you’re in the clear after a former employee misses a shot at filing a Title VII discrimination suit by waiting too long. Even if an employee waits more than 90 days to sue after the EEOC dismissed his case, that employee may have another bite at the apple—in the form of a North Carolina wrongful discharge lawsuit.
That’s what happened when Robert Howard sued the American Institute of Certified Public Accountants for age and sex discrimination.
He had alleged that his two young female supervisors had sexually harassed him. However, Howard didn’t file his federal lawsuit within 90 days of receiving his EEOC Right to Sue letter.
That didn’t stop his state wrongful discharge claim, however. Judge Wallace Dixon of the U.S. District Court for the Middle District of North Carolina said his wrongful discharge case could go forward.
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