Employment Discrimination Suit Denied Because of Procedural Time-Bar

Charles W. Miller & Associates

Earlier this month, the First Circuit ruled on an employment discrimination case in favor of the defendants in Acevedo-Perez v. United States Department of Homeland Security, et al. Apparently, an employee of the United States Customs and Immigration Service (USCIS) filed a suit for employment discrimination, claiming he was discriminated against based on his age. The employee alleged that in 2005 the agent in charge of his office asked for volunteers to transfer offices. The employee was listed as one of the four officers of seniority and was reassigned to headquarters. He had to delay his transfer because of a family issue. His third attempt to delay his transfer was denied, and he subsequently retired. He then filed a complaint in 2006, alleging that he was discriminated against because of his age and that he was forced to retire. This claim was denied in 2009. He received a notice to appeal in July 2009, and he commenced his action in September 2009.

His employer moved to dismiss the case based on a time bar since the employee missed the deadline by one day. The Court agreed with the defendants, and the case was dismissed.

Employment Discrimination in Kentucky 
Under the Kentucky Civil Rights Act, if an individual is discriminated against by his or her employer because of race, color, age over 40, sex, or national origin, he or she may be able to bring a suit against his or her employer. Additionally, an individual or group may bring a suit if they are qualified for their job but have a disability or because they are a smoker or non-smoker and were discriminated against. However, it is important to contact an attorney to determine whether you meet the rest of the requirements and nuances of the law.

Deadlines for Filing EEOC Claims 
In order to properly file a suit and ensure that all deadlines are met, it is important to retain the assistance of an experienced attorney. As the above case illustrates, timelines are strictly adhered to, and it is important to abide by all deadlines.

To file a suit, the individual must file a claim or charge within 180 days from when the alleged discrimination took place. If a state has its own employment discrimination suit, the deadline can be extended to 300 days. The Kentucky Commission on Human Rights has an agreement in which either it or the Equal Employment Opportunity Commission can process claims.

It is important to note that the time clock will continue to move even if the parties are attempting to work out an agreement through arbitration or some other medium. Additionally, holidays and weekends are counted in the time allowed, except if the deadline is on a weekend, in which case it will be extended to the next business day.
In a situation where the harassment is ongoing, the deadline applies to each event, and the deadline is counted from the last day the harassment took place.

Have You Been Discriminated Against by your Employer?

If you or someone you know has been discriminated against by an employer, it is important to contact a dedicated and experienced attorney. If you do not abide by the deadlines for bringing these types of suits, it is likely that your case will be dismissed. These cases can often be complicated and involve many agencies and parties, so please contact one of our attorneys today at (502) 890-9954 to set up a free initial consultation. You may be entitled to back pay, front pay, and other damages due to the discrimination you endured.

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