Article · Labor and Employment

Three Hundred Days: The Deadline That Ends Most Discrimination Cases Before They Start

42 U.S.C. § 2000

Type
Article
Jurisdiction
National
Date
2024-01-26
Topic
Labor and Employment

Most employment discrimination cases are lost before anyone examines whether discrimination occurred, on a deadline measured in months that almost nobody knows about. This article explains the charge-filing requirement, the 180- and 300-day windows, and why the number depends on which state you work in. It explains what National Railroad Passenger Corp. v. Morgan settled about discrete acts and hostile environment claims, and why the answer differs between them. It covers the McDonnell Douglas framework and what pretext evidence actually looks like. It explains the difference between disparate treatment and disparate impact and why the second is underused. It covers hostile work environment, the Faragher-Ellerth affirmative defense, and why the employer's complaint procedure matters so much. It covers retaliation, which is now the most frequently alleged claim and the easiest to prove. It covers accommodation and the interactive process. It closes with what to preserve and eleven ways good claims die.

Three Hundred Days: The Deadline That Ends Most Discrimination Cases Before They Start

Labor and Employment > Discrimination | Published 26 January 2024 - Updated 26 January 2026 | UpLaw - uplaw.us

You cannot sue your employer for discrimination until you have first filed a charge with an agency, and the window is measured in months. More meritorious claims die on that sentence than on any question of proof.

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