Sex-ual Harassment and the Weinstein allegations.
By Attorney Patrick Chukelu, contributing editor of USAfrica
Prof. Anita Hill’s salacious testimony against the confirmation of Clarence Thomas to the Supreme Court was unprecedented. 42 U.S.C. 2000e ( Title VII of The Civil Rights Act) prohibits discrimination based on gender/sex. A case ( Meritor Savings) interpreted that “Sex” extends to sexual harassment, which was not in the Statute.
This Federal Statute overseen by the EEOC requires a complaint to be filed within 300 days of the discriminatory conduct (time may be shorter under some State’s laws). Timing is critical because of attendant and varying statutes of limitations. The Lawyer representing some of the Accusers in the Weinstein matter was on CNN last week brilliantly “baiting” Weinstein’s legal team to voluntarily submit to an arbitration for a quick trial were he will have his day in court ( on the condition that Weinstein waives any defense of Statute of Limitations). Will Weinstein’s lawyers accept the offer or not?
If complaints are not timely filed ( within the statute of limitations), Judges are supposed to throw out the non-compliant subsequent suit. Bottom line , one victimized is supposed to meet an administrative component before proceeding to a lawsuit. An O’Reilly Claimant’s attorney discussed her experience with the investigating Agency on their complaint.
The sexual harassment legal process is a complex one that does not reward those who sleep on their rights to timely file required administrative complaints and thereafter timely litigate post-administrative discharge of the complaint. Best to timely seek competent legal counsel.