§ 42.14. Time of filing.
(a) The complaint shall be filed within 180 days from the occurrence of the alleged unlawful discriminatory practice, but the computation of the 180 days does not include a period of time which is excludable as a result of waiver, estoppel or equitable tolling. If the alleged unlawful discriminatory practice is of a continuing nature, the date of the occurrence of the practice will be deemed to be any date subsequent to the occurrence of the practice up to and including the date upon which the unlawful discriminatory practice shall have ceased.
(b) A complaint filed under the Fair Educational Opportunities Act shall be filed as specified in subsection (a) except that the complaint shall be filed within 6 months from the date of the occurrence of the alleged unfair educational practice.
(c) A complaint will be deemed filed on the date received by the Commission.
(d) Complaints that are not verified or that do not otherwise fully conform with a requirement of a complaint before the Commission will be considered filed on the date received by the Commission but may be quashed, as justice may require, if the nonconformity is not remedied by amendment or otherwise within a reasonable time. Prior to the quashing of a complaint, the Commission will notify the complainant, in writing, and will provide an opportunity to explain why the complaint should not be quashed under this section.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.11 (relating to timely filing required).
Source The provisions of this § 42.14 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5897. Immediately preceding text appears at serial pages (158601) to (158602).
Notes of Decisions Tolling
The employe’s filing of her charge of discrimination more than 2 1/2 years after the last alleged discriminatory act was timely, because the filing of an earlier complaint by a coemploye tolled the statute of limitations even though the district court ultimately denied class certification; the commencement of a class action suspends the applicable statute as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action. Cortes v. R. I. Enterprises, Inc. 95 F. Supp. 2d 255 (M. D. Pa. 2000).
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