Statute of Limitations for Employment Law
Statutes of limitations for employment laws vary depending on the subject matter of the law and whether the law is state or federal. Each employment law has its own specific statute of limitations. Most employment laws require you to first file a claim with a state or federal agency within a certain period of time of the alleged wrongful action, and then to file a lawsuit within a certain time frame if the agency denies your claim.
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Statute of Limitations
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Each employment law has its own specific statute of limitations. The statute of limitations set a time frame within which a claimant must file her unemployment claim. Failure to file a claim within the appropriate time period results in a permanent loss of the legal claim. Courts generally apply statutes of limitations very strictly, meaning filing a claim one day after the limitations period has expired will result in the claim being dismissed.
Federal Ant-Discrimination Laws
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The statute of limitations under most federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act, is generally 300 days, although some states have narrowed the period to only 180 days. This means that a claim for illegal discrimination must be filed with the Equal Employment Opportunity Commission within 180 or 300 days after the alleged wrongful conduct occurred. If a series of acts collectively constituted wrongful conduct then a claim must be filed within 180 or 300 days after the last wrongful act.
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Equal Pay Act
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The Federal Equal Pay Act provides for a longer statute of limitations than Title VII does. Under the EPA, a claim must be filed within two to three years depending on the type of EPA claim. A claim for unpaid damages must be filed within two years, and a claim for a willful violation must be filed within three years.
Filing Lawsuit
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Under the most common federal employment laws, including Title VII, if the EEOC or other state or federal agency denies your claim then you have the right to file a lawsuit in state or federal court. Typically, most lawsuits must be filed within 90 days after you receive notice that the agency has denied your claim.
State And Local Laws
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Many states and local government agencies have enacted employment laws that provide rights in addition to federal employment rights. The statutes of limitations vary widely depending on the laws in your locality and state, so you will need to research those if you believe you have a claim.
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References
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