Thank you for the information and your question. I assume that you are talking about the requirement that a discrimination complaint be filed with either the State human rights division or the EEOC in order to preserve a discrimination claim. In both cases, the time limits are absolute. In other words, they are statutory and there are no provisions in the statutes for extensions no matter what the reason.
In Montana, complaints must be filed within 180 days of the date of the alleged discrimination. If a complaint has followed a written grievance procedure established by a collective bargaining agreement, contract, or written rule or policy to resolve the dispute, the complaint must be filed within 300 days of the alleged discrimination.
For EEOC complaints, the deadline is up to 300 days as long as the State has a law against that type of discrimination as well, which Montana does. However, again, 300 days maximum, regardless of the situation is all that the individual has to avail themselves of the discrimination laws.
Your daughter may want to speak to a local employment law attorney about the specific facts of her case to see if there is any other theory (besides discrimination) of the law that might be pursued for wrongful termination. But otherwise, the door is closed for the discrimination based claims.
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