In filing a claim with the Equal Employment Opportunity Commission (EEOC), or a state employment agency, most rules have filing guidelines and deadlines. The rules help employers understand their obligations and help employees understand how to file a sexual harassment or discrimination claim with the EEOC.
The deadlines such as the 300 day deadline from discharge or significant job change is a strictly enforcement rule. Ignoring the rule or not having the proper paperwork documenting compliance can result in a claim being dropped or dismissed. All status and job changes should be clearly noted in paperwork given to the employee.
Both employees and employers should retain all dated documents pertaining to job status, promotion or demotion, termination or claims filing. This will help both parties show information should the status change ever result in a claim or lawsuit.
The dated paperwork will also show compliance with the reporting deadlines required by both employers and employees following discrimination, sexual harassment or other employment law claim. If you have been subjected to harassment or discrimination, or you are an employer who wants to comply with all federal and state employment laws, contact a California employment attorney.
Source: Business Management Daily, “Keep the lawsuit clock on your side: Make sure workers know exact date of actions,” HR Specialist, 11/5/2011