What Happens to Employment Discrimination Claims When the Government Is Shut Down?
Click on eeoc.gov and you can read that, "The U.S. Equal Employment Opportunity Commission is currently closed because the government is shut-down. While the government is closed, a limited number of EEOC services are available." Whew, you must be safe from a claim by the customer service rep you fired on October 4th who shouted as they left the building, "Get worried people, they're getting rid of everyone over 50. That's age discrimination and it's gonna stop when I contact the feds to file a big old claim. Call me if you want to start a class action." Even if the doors of the EEOC are locked you may still face the wrath of this angry ex-employee.
Are You Covered by the EEOC?
Let's say that this employee is just spouting a bunch of lines. They had a habit of frequent, loud rants, activity that made the firing decision easy. If the EEOC was open, they could walk into the nearest office and file a claim. And then it could be investigated if you have at least 20 employees who worked at least 20 calendar weeks during this year or last. The EEOC uses this 20 employee threshold for age discrimination claims. If the complaint involves race, color, religion, sex (including pregnancy), national origin, disability or genetic information, you are covered by the laws as a private employer if you have at least 15 employees who worked 20 calendar weeks during this year or last.
Are You Covered by a State or Local Discrimination Law?
Most states, and the District of Columbia, have their own laws that cover employment discrimination and add categories to those protected by federal law such as sexual orientation. Coverage under state statutes is frequently extended to smaller employers, beginning with your first employee. You can find out details about your state specific statute by contacting your state department of labor or launching an internet search that includes the name of your state and, "laws about employment discrimination."
Timing is Everything
That employee who walked out on October 4th has 300 days, about 10 months, to file a claim with the EEOC. But if they work in a state where there is no fair employment practice agency, North Carolina, Georgia, Alabama, Mississippi and Arkansas, the time limit shrinks to 180 days. The longer time limit allows for the individual to start a claim with a state agency. If someone is within 30 days of either the 180 or 300 day time limit for filing a claim the EEOC advises starting the process with the available online assessment system. No need to leave home or find the nearest EEOC office to get the ball rolling on a claim!
So while you are getting a break from any ongoing claims, no mediation, no litigation, no letters about new claims, this does not give you an opportunity to sneak some discriminatory actions in under the radar. Harassment and discrimination will never help your business and will most likely cause damage in your workplace. It will come back to haunt you when the EEOC reopens, even before Halloween.
