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Employee’s Bias Claim Accrued When She Learned of Denied Promotion

August 31, 2021

Via: SHRM
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The statute of limitations on an employee’s claim that her company failed to promote her because of bias began when the worker knew—or reasonably should have known—that her company didn’t promote her, the California Supreme Court ruled.

A statute of limitations sets out how long a plaintiff has to file a lawsuit from the date of the alleged injury. A limitations period does not begin until the legal claim ripens or “accrues.” In a unanimous decision, the state high court rejected the plaintiff’s argument that her claim accrued when another worker who was promoted started her new job. The court also rejected the employer’s argument that the statute of limitations started when it offered the promotion to the other employee.

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