It May be Difficult Determining When to File Your EEOC Charge
Filing legal claims always involves deadlines and time limits that, if
not met, can lead to the loss of significant legal rights. When it comes
to discrimination claims that require the exhaustion of administrative
remedies with the Equal Employment Opportunity Commission (EEOC), these
deadlines are crucial. The real challenge can be figuring out when the
time limit actually starts. In a recent Texas case, an employee’s
discrimination claims were dismissed because she miscalculated her deadline.
If you have questions about when to file your claim, contact our Birmingham
employment discrimination attorneys for advice.
Exhaustion of Remedies with the EEOC
In order to comply with the exhaustion of remedies requirement, the first
step is to file an EEOC charge within 180 days of the employment action
you allege is unlawful. An EEOC charge of discrimination is a signed statement
claiming that an employer engaged in employment discrimination and asks
the EEOC to investigate and remedy the discrimination. The federal protection
laws enforced by the EEOC, with the exception of the Equal Pay Act, require
that an EEOC charge is filed before a lawsuit can be.
Breastfeeding Mother Alleges Employment Discrimination
The Texas case involved an administrative assistant working at a university
medical center. After the birth of her child, she alleged she was being
harassed and discriminated against because she was breastfeeding. She
was officially terminated from her job on April 19, 2016 and filed her
charge of discrimination with the EEOC within the 180-day time limit.
After receiving her right-to-sue letter, she filed a sex discrimination
and retaliation lawsuit.
Defendant Moves to Dismiss Claims as Time-Barred
The employer in the case argued for the claims to be dismissed because
the employee failed to timely exhaust her administrative remedies. The
employer argued, more specifically, that the 180-day time limit began
on March 14, 2016, which was the date she was first notified of the employer’s
intention to terminate her employment. That date was more than a month
before her termination became effective.
The Appellate Court’s Decision
The trial denied the Defendant’s motion to dismiss the case based
on the failure to exhaust administrative remedies. The employer appealed
and the Court of Appeals for the First District of Texas vacated the trial
court’s decision. The appellate court agreed with the employer that
the employee’s charge of
discrimination was filed after the 180-day period, which began when she
“first learned about the discriminatory acts.”
Exhaustion of Remedies is Extremely Important
Any employee who believes they have been subjected to discrimination or
retaliation in the workplace is required to first exhaust all administrative
remedies before filing a lawsuit in federal court. What does that mean?
Exhaustion of remedies in an employment discrimination cases refers to
filing a Charge of Discrimination with the EEOC. If you do not take this
preliminary step, your claims may be dismissed from court. However, how
your EEOC charge is drafted makes a huge difference when it comes to protecting
your claims. Let our Birmingham employment lawyers help you preserve your
rights from the beginning.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced Birmingham employment law attorneys
at Michel | King . You can contact us either online or by calling
us at (205) 2651880. We are here to serve you!