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“It’s everything. My emails at night. People contact me via Twitter, via LinkedIn, via Facebook. It just doesn’t stop.” Many, like McNair, reach out about harassment they experienced years ago. But in many states, even if only a single year has passed, it’s too late. The federal deadline to file a written charge of discrimination with the EEOC—a required prerequisite for suing under federal anti-discrimination laws—is 180 days, sometimes extended to 300 days based on state law. Farahany, McNair’s attorney, thought that she possibly could work around the short time limit by filing the case as a personal injury claim in state rather than federal court—but even then, McNair would have had to submit her claim within two years of the alleged harassment. “If she had come to me even a few weeks earlier, it might have been different,” Farahany says. Different, but far from easy. For those who find an attorney to take their case—something that’s far more difficult for low-wage and undocumented workers—the challenges ahead are significant, even if there’s documented proof, witnesses and other elements of a winnable lawsuit. If victims are looking for new employment, Katz warns them that human resources departments are typically wary of people who have taken their former employers to court. “Even if they have the most meritorious of claims, they will be perceived as unsuitable or not given real consideration,” Katz said.
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