Employment Law:  Federal District Court in Pittsburgh Applies Doctrine of Equitable Tolling

To pursue discrimination claims plaintiffs are generally required to first file timely charges with governmental agencies with jurisdiction to investigate such claims.  In a decision rendered on January 30, 2007 by Chief Judge Donetta Ambrose, the Court applied the doctrine of equitable tolling in denying the defendant's motion to dismiss plaintiff's claims of gender and age discrimination on grounds they had not been timely filed with the EEOC.  Heater v. Impro Corp., 2007 WL 320810 (W.D. Pa. Jan. 30, 2007).  Judge Ambrose observed that the deadlines for filing administrative complaints are not jurisdictional in nature; rather, these time limits are similar to statutes of limitation which are subject to the doctrine of equitable tolling.  The Court then recited the circumstances under which equitable tolling may be found:  (1) the defendant actively misled the plaintiff regarding the plaintiff's claim; (2) the plaintiff in some extraordinary way has been prevented from asserting his or her rights; or (3) the plaintiff has timely asserted his or her right mistakenly in the wrong forum.  (citing Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3d Cir. 1994).  Judge Ambrose found that the plaintiff satisfied the second prong of this test, due to the plaintiff's mental disorder that "impaired her ability to recognize her legal rights and handle her affairs."