Are There Procedural Obstacles to a Lawsuit Arising Out of Lettermans Conduct?
If the women involved with Letterman or their co-workers have a viable theory of harassment to pursue on the merits, there may still be procedural obstacles that stand in the way of a successful suit. The statute of limitations is the most obvious potential roadblock. Plaintiffs cannot file a Title VII lawsuit unless they have filed a charge with the EEOC, the federal agency charged with implementing Title VII, within 180 days of the unlawful employment practice they are challenging. (Or 300 days, in states that enter a work-sharing agreement with the EEOC.) For claims of hostile work environment harassment, this period can be effectively extended if there is a related series of incidents, at least one of which occurs during the requisite period prior to the filing of an EEOC charge. (I explained the origins of this rule in a prior column.) It may well be that, in this case, some or all of the relationships ended too long ago to permit a timely claim today, either by the women themselv
