John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

Appeal rights for dismissed employment discrimination claims

When employees in Minnesota and elsewhere in the nation believe that workplace discrimination is occurring concerning them or other employees, filing a claim is often the next step. While this step could lead to an employer facing a civil claim for their actions and damages for those suffering employment discrimination, this does not always occur. In these matters, it is important that those involved in a claim understand their rights, federal and state regulations and the necessary information required for a claim. In some cases, even if a case is dismissed or denied, it could be appealed and overturned.

According to a recent report by Business Insurance, roughly 81 percent of employment discrimination cases overturned on appeal were overturned based on their failure to state a claim or their failure to comply with the statute of limitations. In addition, approximately one-third of all appeals brought each year are overturned.

Due to the successful appeals of these types of cases that were dismissed based on technical errors or misunderstandings, one of the priorities of the U.S. Employment Opportunity Commission is the preservation of access to the legal system. In doing this, they seek to reduce the number of incorrect procedural dismissals of employment discrimination claims.

If an employee believes that his or her discrimination claim was incorrectly dismissed, it is important to address this concern timely. Filing an appeal could overturn the decision and result in the approval of the discrimination claim. Those seeking to file a claim or file an appeal should be aware of their rights and options. This could help them avoid errors in filing and information and could help them recover damages for their losses relating to the situation.

Source: Business Insurance, "Federal agencies make common errors in discrimination claim filings: EEOC," Judy Greenwald, Sept. 15, 2014

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John A. Klassen, PA
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