Keeping employment posters up to date can often slip through the cracks in a busy HR department. But this recent case shows the legal traps employees can get caught in when required information isn’t posted.
When the employer was sued for national origin discrimination by two employees, it thought its defense was airtight: The employees failed to file their complaints within 300 days, as the law requires.
But the employees’ attorneys saw things differently. They argued that the statute of limitations didn’t apply because the employees, Chinese immigrants who didn’t speak English, weren’t aware of their rights until after 300 days.
One problem: The company failed to post the required notice of employee rights, so the employees weren’t aware they had a right to sue.
The court agreed and let the case move forward. Without the notice, the statute of limitations didn’t begin until the employees became aware of their rights under the law.
Lesson for employers: Keep all posters up-to-date, and include versions in multiple languages if your workforce requires it.
For more info on what posters you’re required to hang, use this tool from the DOL.
Cite: Zheng v. Wong