CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

Single Topic for Decision 1048E


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1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

The employer's continued refusal to correct the hire date is not active conduct which revives the timeliness of the charge. Even evidence of contemporaneous conduct which is indicative of an animus on the part of the employer toward the charging party cannot revive a charge based on conduct which occurred prior to the six-month limitation period; p. 4, dismissal letter.