Employees who wait too long to file a discrimination complaint with the EEOC lose their right to sue.
Recent case: Reginald McMillan sued his former employer, General Electric, for allegedly refusing to let him return to work after he recovered from a work-related illness. But he waited four years to file his EEOC complaint, claiming that for those four years, GE had hidden or forged a doctor certification clearing him to return.
The court said it was clear McMillan could have filed the complaint earlier because he had told GE he was ready to return and they refused. The allegedly hidden certification didn’t change anything. Had McMillan really been deceived by GE so he had no clue he might have a case, the court might have let him file late. (McMillan v. G.E., et al., No. 7:09-CV-160, ED NC, 2010)
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