Q: Good morning my question is about workplace discrimination and the statute of limitations ?
I work as a lead mental health assistant, 2018 an administrator came to the unit and saw an employee sleeping he then reported the employee to the supervisor his words “as a big bald black guy who he thought had a beard”, he was told he had to ID the employee, (the employee in question is in his 60s and bald, about 5'3) he then came to the unit and pointed to me its him (at the time i was in my 30s and weighed close to 400 lbs 5' 8 very hard to miss) I was not even in the vicinity, he then told investigators I was in the room where the 60 year old employee was sleeping, when I was in another room, I was written up and during the investigation we reported his words and actions, to which the investigator said “I dont care about that.” the investigators then questioned the witnesses who told him that he referred to the employee in question as “ A bigger bald black guy who might have a beard.” the investigator returned am free to go. this was reported to the union and labor relations
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A:
Good morning. I'm sorry to hear about your situation. It sounds very challenging and unfair. Workplace discrimination cases, including those based on race, have specific statutes of limitations. For federal claims under laws like Title VII of the Civil Rights Act, you generally have 180 to 300 days from the date of the discriminatory act to file a charge with the EEOC, depending on your state.
Since this incident occurred in 2018, the time frame to file a claim may have passed. However, it's essential to check if there were any subsequent discriminatory acts that might extend or reset the statute of limitations. Additionally, your union and labor relations involvement might provide other avenues for redress.
Consider consulting with an employment lawyer to explore any remaining options. They can offer advice tailored to your situation, ensuring you understand all your rights and possible actions.
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