Federal Article Feeds Outside the Statutory Time Period but Inside the Courtroom
Can an employee present evidence of an alleged discriminatory or harassing incident that occurred more than 300 days before that employee filed a charge with the EEOC? Many would think that the answer is “no.”
Most HR professionals and employment attorneys are well aware that a charging party must file a charge with the EEOC or other agency within 180 days (or within 300 days if the alleged unlawful conduct occurred in a jurisdiction that has a local or state agency that handles fair employment practices charges) of the alleged unlawful occurrence. However, the passage of 300 days without a charge filed certainly does NOT mean that evidence of the alleged occurrence will not ultimately be presented to a jury. Let me explain . . . .