Dive Brief:

• A worker who missed the statutory cut-off date for filing a discrimination charge with the U.S. Equal Employment Opportunity Commission isn’t entitled to have the deadline suspended, or “equitably tolled,” the 11th U.S. Circuit Court of Appeals held Sept. 14 (Dobbs v. Martin Marietta Materials, Inc., No. 21-13533 (11th Cir. Sept. 14, 2022)).
• The worker was employed at a Martin Marietta quarry in Georgia. Following a government settlement requiring Martin Marietta to sell the quarry to a competitor, it fired the worker, according to court documents. He claimed it refused to rehire him at another plant and forced him to accept a demotion to work for the competitor because of his age. He filed a charge with the EEOC but missed the 180-day statute of limitations by two weeks.
• A federal district court found he was time-barred from bringing an Age Discrimination in Employment Act lawsuit due to the missed deadline. It granted summary judgment to Martin Marietta, and the 11th Circuit affirmed. The clock started running on the day the worker was notified he was going to be terminated and wasn’t eligible for rehire, not when he later realized he would lose his pension if he accepted a transfer to the competitor, the 11th Circuit said. The worker failed to show there were extraordinary circumstances warranting tolling the deadline, the panel held.

Dive Insight:

Federal employment nondiscrimination laws require individuals in the private sector to file charges with the...

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