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Frivolous case filed too late? Too bad

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in Discrimination and Harassment,Human Resources

Judges generally bend over backward to give leeway to employees who represent themselves in court. But now some judges have begun showing more sympathy to the plight of employers that have to defend against those lawsuits—which often turn out to be frivolous.

Recent case: Zachariah Clifton filed a discrimination lawsuit against his former employer almost four years after he had been fired. Apparently unable to get an attorney to handle his case, he represented himself.

He claimed he had been unjustly fired after he became depressed and anxious, and therefore missed work. He said he waited so long to file his lawsuit because it took years to realize his depression was caused by racial harassment at work.

That didn’t fly with the court. It said his claim was untimely. (Clifton v. New Jersey Transit, No. A-1095-08, Superior Court of New Jersey, 2009)

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