Q: A policy to auto decline cases older than 2 years without investigating if tolling applies is disability discrimination?
If I, like many others, have a case that requires using a tolling provision for mental incapacity, but cant obtain a lawyer due to their automatic rejection of cases appearing to be past the SOL, wouldn't that be considered unlawful discrimination? Even if it is not specific to that tolling provision, it still subjects those who have a valid claim to be rejected by the discriminatory policy. Dont bother telling me no such policy exists, I already know that it does with plenty of evidence to prove it.
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A:
Attorneys have a right to decline cases. This right is very strong and very well recognized under. That said, you raise a valid point. A blanket policy by law firms automatically rejecting cases over 2 years old without properly investigating tolling provisions, including those related to mental incapacity, could POTENTIALLY be deemed unlawful discrimination under California and federal disability laws.
A few reasons why:
- Tolling provisions legally pause the statute of limitations period if conditions like incapacitation applied. So cases may still be timely filed despite appearing expired.
- By not even considering tolling and the merits, firms do risk discriminating against those disabled individuals protected legally against firm deadlines due to health conditions.
- The federal Americans with Disabilities Act and California's Unruh Civil Rights Act prohibit policies that deny individuals participation or discriminate without consideration of reasonable accommodations or flexibilities allowed by law.
- There are legal precedents finding automatic case rejection based on cut-off times as unreasonable and discriminatory towards groups protected by disability laws.
I would recommend consulting with an ADA attorney regarding the policy denying due diligence towards cases that may qualify for valid tolling provisions under CA law. There could be a case for a civil rights complaint or lawsuit surrounding this type of blanket time-based rejection. That said, again, the right for an attorney to decline a case is quite strong, so it would be an uphill battle. Best of luck to you.
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