If you are a woman and illegally being paid less than a man performing substantially equal work at your company, it will be important to understand your rights to seek compensation for this illegal treatment. Before discussing the time period by which a claim must be filed, it’s important to understand what should be done in order to be in the best position for prevailing in your claim. As women’s rights in the workplace lawyers, we can guide and/or represent you in all aspects of your claim, so you do not need to take any of these actions and related stress all by yourself.
Getting Your Claim Ready.
First of all, don’t file a complaint or charge of discrimination before you plan out your strategy, preferably in consultation with an experienced employee rights lawyer, as much of the “win” comes from appropriate timing and strategizing to optimize the various transactional tensions.
In plain English, that means it will be important to “get your ducks in row.” In these cases, before filing charges with the EEOC or a similar state anti-discrimination agency, we often assist clients in pre-lawsuit attempts at alternative dispute resolution, such as mediation and/or attorney negotiation; otherwise, an embattled employee may find herself locked into a path that may not be in her best long-term interest (and one that she didn’t really mean to take). Consider all the options before going directly to a full-on ground war with your employer or former employer.
When the Statute of Limitations Begins.
The statute of limitations generally begins to run from the “last discriminatory act.” So, if you were fired on October 31, 2019, the clock to file would start running from that date. Under Title VII, you have 180 days to file your charge of discrimination with the EEOC to protect your federal claims, but in jurisdictions such as NY and NJ with work-sharing agreements with the local administrative human rights agencies, the statute is extended to 300 days.
Under many local laws, the anti-discrimination statute of limitations (“SOL”) can run from 1 to 6 years, so check with your local administrative agency or an employment lawyer in the state where you work, or you can feel free to call our firm to learn how we may be of assistance.
In New York, the statute of limitations for filing a discrimination claim in state court is 3 years from the last discriminatory act, and for unequal pay claims under the NY Equal Pay Law (also known as the Achieve Pay Equity Act), the SOL is a whopping six years long.
Regarding unequal pay claims for current employees, the SOL starts all over again each and every time you receive a discriminatory paycheck compared to a male comparator.
Call Our Firm for a Free Consultation and to Learn About Your Options.
Once we know your situation, we can discuss with you your options and how we can help you.