Legal Question in Sexual Harassment in Alabama

Re: Pressing charges, is it too late or can they even do it at all?

Sorry to take so long to reply. The Answer though is a bit complicated. Normally you have 180 days from the last day of discrimination to file a charge with the federal EEOC. However the courts allow what is known as "tolling" of the limitations period in certain situations. Although I could not find a case directly addressing age as a factor, the courts state that they should look to state law for a determination of tolling situations. Alabama allows tolling for a minor until that minor becomes of age, or in Alabama 19 years old. Thus if you feel that you have been discriminated against on the basis of your sex you should file as soon as possible with EEOC and no later than 180 days after your 19th birthday. You should be aware though that the standard for sexual harassment is very high around here, and most cases are thrown out by judges. The harassment must be severe and pervasive, more than just an isolated incident, and it must alter the working conditions of the workplace. As well, if the company has an adequate policy of sexual harassment, than you must show that they failed to follow the policy even though you made reports about the behavior.

Sterling L. DeRamus

Attorney at Law

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