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  1. #1
    Join Date
    Jul 2011
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    4

    Default Employment Discrimination and Retaliation

    My question involves labor and employment law for the state of: NC, City: Raleigh

    I was terminated about-to-be 3 yrs ago after filing with EEOC, who did not pursue the case but gave right-to-sue and I think 90 day period. The attorney we consulted (wonderful person) advised not to worry on 90 day statute as he is more interested to file it (something that I couldn't understand) under the general Civil Rights legislation which gives couple of years to file. 3 yrs have passed quick. Since I'm not able to get in touch with him ... does anyone know what specific Civil Rights act/sections are applicable in my case?

    (It is religious and racial discrimination and retaliation).

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Empl Discrimination and Retaliation

    I don't know what your wonderful attorney was thinking of, but to the best of my knowledge the SOL has long since passed.

  3. #3
    Join Date
    Jul 2011
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    4

    Default Re: Empl Discrimination and Retaliation

    Quote Quoting cbg
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    I don't know what your wonderful attorney was thinking of, but to the best of my knowledge the SOL has long since passed.
    1. How about not using Title VII, and rather under Section 1981 which has a four year statute of limitations?
    2. As well, could someone highlight the pros and cons of using 1981

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Empl Discrimination and Retaliation

    The Civil Rights Act of 1866, sect. 1981 prohibits racial discrimination in employment. Although Title VII of the Civil Rights Act of 1964 also prohibits race
    discrimination, many employees sue under 1981 instead because it applies to all employers regardless of size, it does not require employees
    to file a charge with the EEOC before bringing a lawsuit, it gives employees a longer deadline for filing cases, & it doesn't impose a
    limit on the money damages an employee can win on a successful lawsuit.

    Employees now have up to 4 years to file a lawsuit re violations of Sect. 1981. Sect. 1981 prohibits only discrimination based on race or
    ethnicity. It doesn't prohibit discrimination based on sex, religion, disability, or age.

    No government agcy. takes complaints under Sect. 1981. An employee's only avenue of redress is through the courts. (Employee may
    file a lawsuit in state or in a federal district court.)

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