Issue: Under the Americans with Disabilities Act of 1990, when does the time in which to file an administrative complaint begin to run?
| Area of Law: | Employee Law |
| Keywords: | Administrative complaint; Time to file; Americans with Disabilities Act |
| Jurisdiction: | Federal |
| Cited Cases: | 619 F.2d 738; 920 F.2d 446; 429 U.S. 986; 429 U.S. 1041; 538 F.2d 164; 434 U.S. 916; 696 F.2d 925; 455 U.S. 385; 415 U.S. 36; 966 F.2d 1104; 551 F.2d 113 |
| Cited Statutes: | 42 U.S.C. § 2000e-5(e); |
| Date: | 02/01/2001 |
Within the Americans with Disabilities Act of 1990, § 2000e-5(e) provides that the time to file the administrative complaint runs from "the alleged unlawful employment practice." 42 U.S.C. § 2000e-5(e). In most cases, the unlawful practice will be the termination. In such circumstances, the date that a plaintiff is informed that his employment is being terminated is the day the statute of limitations begins to run. See Delaware State College v. Ricks, 449 U.S. 250, 258 (1980); Cada v. Baxter Healthcare Corp. 920 F.2d 446, 450 (7th Cir.1990), cert. denied, 501 U.S. 1261 (1991). A plaintiff must file a timely charge with the Equal Employment Opportunity Commission (EEOC) encompassing the acts complained of as a prerequisite to filing suit in federal court. Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 1019, 39 L.Ed.2d 147 (1974).
There is no rule that strictly cuts off a plaintiff’s proof of facts in support of his claims as of 300 days before his EEOC filing. Instead, all claims of discrimination are cognizable that are "’like or reasonably related to the allegations of the charge and growing out of such allegations.’" Jenkins v. Blue Cross Mutual Hospital Insurance, Inc., 538 F.2d 164, 167 (7th Cir.1976) (en banc)(quoting Danner v. Phillips Petroleum Co., 447 F.2d 159, 162 (5th Cir.1971)), certiorari denied, 429 U.S. 986, 97 S. Ct. 506, 50 L.Ed.2d 598 (1976). The standard is a liberal one in order […]