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Showing 4 posts in Statute of Limitations.

Amendments to Illinois Human Rights Act Allows Claimants to Bypass IDHR and Extend Filing Deadline

Late last month, the Illinois Human Rights Act was amended to provide a new judicial option for complainants and a longer charge filing period. Complainants now have the right to opt out of the Illinois Department of Human Rights ("IDHR") investigative process and request a right to sue. From there, they can take their claims directly into court. The time for filing charges has also been expanded from 180 days to 300 days. These changes align the Illinois Human Rights Act with federal statutes such as Title VII that provide complaining parties both with the right to forego investigation and a longer filing period. More ›

Clarifying the SCOTUS American Pipe Decision: Pending Motion for Class Certification does not toll Limitations Period

The United States Supreme Court recently handed the defense bar a useful tool in stemming the tide of class action lawsuits. In the area of employment law, claims for violations of federal wage and hour laws, violations of state and local regulations governing employees, and systemic workplace discrimination are prone to class action claims. More ›

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a circuit split. As a result, in determining the deadline for filing a charge of discrimination with the EEOC, constructive discharge cases will be treated the same way as actual discharge cases. More ›

California Supreme Court: Continuous Accrual Principles Apply to 17200 Claims

Today the California Supreme Court issued a long-awaited ruling in the Aryeh case regarding the application of the common law theory of continuous accrual to actions under the unfair competition law (Bus. & Prof. Code section 17200 et seq.) Though the case does not expressly address labor or employment issues, the case is nevertheless important for California employers, as the majority of employment litigation claims made are coupled with a 17200 claim.  More ›

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