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Statute Of Limitations And Age Discrimination
The term statute of limitations exemplifies that as per the law any individual who feels harmed or threatened by the conduct of another person, has the right to file charges, but the lawsuit must be filed within a stipulated time period. |
The time period commences from the moment the act of offense occurs.The statutes of limitations vary with respect to the case and the state in which the incident occurred. If the limited period is not adhered to, the victim may not be able to recover damages against the offender. The main objective behind administering the statute of limitations is that firstly, the lawsuit should be filed at the earliest when the memory of the incident is fresh and there are lesser chances of tampering with the evidence. Secondly, it protects the rights of the defendant by assigning a time frame to the risk period.
Laws pertaining to cases of age discrimination are primarily enforced by the Equal Employment Opportunity Commission or EEOC, therefore before a victim of age discrimination can file a lawsuit, it is mandatory to bring the charges to the notice of the EEOC. The charge must be filed with the EEOC within 180 days of the occurrence of the act of violation. In cases of charges with respect to the Age Discrimination Employment Act of 1967, state laws have the power to extend the filing time period to 300 days.
Keeping the significance of the statute of limitations in mind, it is prudent to contact an attorney at the earliest, if one seems to have a legitimate case. As the most fundamental step, one should find out the statute of limitations pertaining to the respective case. It must be understood with clarity that once the deadline of the stipulated time period is crossed, it is impossible to file charges. Thereafter, the case is liable to be dismissed by the court. An attorney not only assists one to fulfill the statute of limitations but also helps in guarding the evidence and negotiating with the witnesses. At the same time, even if one has missed the statute of limitations, attorneys are clued up regarding certain exemptions to the deadline.
Under normal circumstances, the statute of limitations commences with the date of the act of violation. However, there are certain exceptional cases wherein the petitioner discovers the harm months or even years after its actual occurrence. In such cases, the judge could grant an exemption and authorize the statute of limitations to commence from the date on which the harm was discovered. Once the case has been filed, the statute of limitations has no relevance to the case.
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Statute Of Limitations And Age Discrimination
