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EEOC and Statute of Limitations By jim  |  Dated: 11-29-2012

The Equal Employment Opportunity Commission, often referred to as the EEOC, has been pursuing a number of different claims over the past few years. In many instances, the EEOC has looked beyond an individual claim for a specific situation, which ultimately could cause issues for different companies, according to Human Resource Executive Online.

A decision that was made in the state of New Jersey by a federal district court judge has stated that the Equal Employment Opportunity Commission is not going to be able to base a certain claim on a case that actually is in violation of the law due to timeliness.

Thomas Lenz, the leader of Labor Law Department in Atkinson, has said, “This court held government to the same timeliness rules applicable to a private party, which is refreshing.” He also said, “It is a rare example of government officials being held to the same timeliness rules to which private parties are held. This is particularly so as employers continue to be plagued by aggressive enforcement in a difficult economy.”

During a lawsuit in the state of New Jersey, the EEOC made allegations that the practices with the Princeton Healthcare System were violating the Americans with Disabilities Act. In the case, three different claims were placed together, one which was made in 2006, along with other claims that were made during 2007 and 2008.

During the case, the medical facility went through with a motion, in which they asked that the two oldest claims from 2006 and 2007 would be dismissed because they took place over the time of limitations that can be made for ADA violation. In the meantime, the EEOC argued that the case should actually be exempt from the original guidelines that have been set, stating that the medical facility was continuously in violation. The judge did not agree with the EEOC, and actually chose to dismiss those two claims from 2006 and 2007.

An attorney, Gerald A. Golden, says that human resources leaders need to be updated with the decision that has recently been made in the state of New Jersey. Golden has said, “It reinforces the point that the EEOC must abide by the time limits for pursuing claims just as individuals must.” He also said, “The first step HR executives should take when they receive notice of a discrimination claim is to determine if it has been filed timely. If not, the individual or the EEOC may not be able to proceed.” Many people believe that the new decision that has taken place in the state of New Jersey is much of a relief.

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