Can I file a sexual harassment claim 6 months after being terminated even though there was already a class action filed that I was not part of?

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Can I file a sexual harassment claim 6 months after being terminated even though there was already a class action filed that I was not part of?

I worked for an online university and during my tenure my manager would always make comments about my breasts and tell me to wear lower cut shirts all the time, this went on for months and my performance suffered. Due to continuous months of me not meeting my quota I was put on a performance plan and 1 month before being terminated my manager offered to assign 4 students in my name if I showed him my nipple, out of fear of losing my job I reluctantly showed him and he gave me the students. I still did not meet my goal for the month and was ultimately terminated.

Asked on April 10, 2011 under Personal Injury, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I have a fear that you may be time barred on some levels here so I would suggest that you seek help from an attorney on the matter as soon as possible.  What you have here is known as unlawful discrimination. You have some options in these type of cases. You canfile a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). But you must first file a charge with one of these agencies before you file a lawsuit against your employer. The EEOC is governed by Federal Law that will protect you. If you are employed by a governmental agency, educational institutions or private employer. The law requires that employers, who employ 15 or more employees, abide by legislation (Title VII, ADA, ADEA, and EPA) that protects a variety of rights for workers.  Now, Colorado law protects employees employed by government agencies, educational institutions, and private employers as well through the CCRD. Colorado law protects employees as well against discrimination and sexual harassment.  It is my understanding that the EEOC requires that an employee file a charge of discrimination within 180 days in order to protect your rights under the law.   If you are also covered by state or local anti-discrimination laws, you have up to 300 days to file a charge. However, only state law extends the 300 days deadline for age discrimination charges. If state and local anti-discrimination laws also cover you by Fair Employment Practices Agencies (FEPAs), you should file your charge with both agencies to be sure.  Under Colorado law the statute of limitations is based upon the date of notice of the last "discriminatory act."  I believe it is 6 months, but please double check with a lawyer.  After the statute of limitations has passed the Colorado Civil Rights Division does not have jurisdiction over the claim.  As for the preclusion because of the class action that also needs to be addressed.  Please get help.  This is horrific.

 




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