Discrimination Charges, Deadlines, and Advice From an Experienced Employment Attorney

Are you considering filing a discrimination claim against your place of employment? If so, did you know that discrimination claims have a time limit? While most legal claims have a time limit in which the claim must be filed, employment discrimination claims can be relatively complex. An employment attorney can help you understand the various factors that play into these time limits. The Law Office of Perry Piñón is ready to help.

Filing Deadlines for Discrimination Claims  

There are several factors that affect the filing deadlines for discrimination claims. These include the type of discrimination and the status of the claimant. Here are a few of the most common factors:

• The status of the claimant (applicant, federal employee, etc.)
• The type of discrimination (age, race, gender, religious, etc.)
• The federal laws that govern the type of discrimination claim being filed
• The timeline of the discriminatory act (a single offense vs. a continuing violation)
• The time that the employee received his or her “right to sue letter” from the EEOC.
• When does the employee believe (or should have believed) that he or she was subjected to discrimination?
• The involvement of state or local agencies in discrimination complaints

In general, claimants are required to file a charge within 180 days of the discrimination infraction. In certain cases that are dependent upon the factors listed above, this 180-day deadline can be extended to 300 days. It is important to speak with an employment attorney to have an accurate understanding of the deadline that applies to your specific situation.

File as Soon as Possible

Even if you have 180-300 days to file, and employment attorney will recommend that you file as soon as you decide that you would like to pursue a discrimination complaint. Figuring out how much time you have left to file can be complicated after holidays and weekends are added to the mix, and it can be easy for details to get blurred in the business of life.Because employment discrimination claims are all about precise details, however, it is important not to allow filing to slip through the cracks.

In the Case of Multiple Discriminatory Events

Often, more than one discriminatory event will occur. It is important to remember that each event will receive its own filing deadline. If an employee is consistently denied a well-deserved promotion on the grounds of discrimination and is fired three years later on the same grounds, he or she will not likely be able to reach back three years into the past to make a claim on the first discriminatory events (given the standard 180-300 day filing deadline). This means that an employee should not hesitate to file a claim if there is legitimate proof of discrimination, or it may be too late.

There are exceptions for filing in cases of harassment, however. Employees are required to file their claims according to the last incident of harassment, but all incidents of harassment will be considered by the EEOC.

A Trustworthy Employment Attorney in El Paso

Filing a discrimination charge can be messy and complicated. It is helpful to have a trustworthy and knowledgeable employment attorney by your side. If you have questions related to your specific discrimination complaint or need help figuring out the timelines of your discrimination charge, contact the Law Office of Perry Piñón today!