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November 3, 2008
Source:
WorkInjury.com
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Sup.Ct:
Supremes Allow 'Equitable' Tolling of Statute/Limitations
In this just-issued California Supreme Court case, the Antelope Valley School District had a very detailed set of procedures for handling discrimination and harassment claims.
And by the time the plaintiffs filed their action with the Department of Fair Employment and Housing, it had been longer than a year since the last allegedly discriminatory act had occurred, thus surpassing the statute of limitations.
The Supreme Court, however, ruled that the statute is tolled if pursuit of mandatory procedural remedies is the reason for the delay. This is an expansion of the principle of equitable tolling.
The case is McDonald V. Antelope Valley Community College District.
To read the full opinion,
PLEASE CLICK HERE.
[If links don't work, let us know!].
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