Hi, thanks for submitting your question today, and I'm sorry to hear about your employment issue. What state are you located in ? Different states have different timelines.
give me one moment to research Virginia law please
I understand the statute of limitations varies state to state. I just wanted to know if the discrimination is considered when I was passed over or when the other individual is promoted.
Sorry that took so long to research. My findings are that each paycheck that you've received since not be promoted (which I'm assuming would have resulted in an increase in pay) has renewed your time to file a charge. Further, your charge now would "relate back" meaning go back all the way to the time the white male received the promotion.
Here is the EEOC's position:
The Act restores the pre-Ledbetter position of the EEOC that each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the discrimination began. As noted in the Act, it recognizes the "reality of wage discrimination" and restores "bedrock principles of American law."
Under the Act, an individual subjected to compensation discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or the Americans with Disabilities Act of 1990 may file a charge within 180 (or 300) days of any of the following:
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So can I file a complaints for both race and sex and be compensated for both? Is the only compensation is wage?
I apologize for the grammatical errors.
Yes you can file for race and sex. You'd be eligible for several types of relief. The entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion or raise because of discrimination . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances where the discrimination is found to be blatant.
Thanks so much for this informative consultation.
You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.
The white male with the qualifications was promoted yesterday and I'm ready to file a complaint with the EEOC. What key statements or words do I need to make sure I present when I file the complaint?
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