CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

Single Topic for Decision 1268E

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Under EERA section 3541.5(a)(2) the statute of limitations period may be tolled during the time it took the charging party to exhaust the grievance machinery. However tolling does not apply if the District did not have notice through the grievance that charging party was alleging the District discriminated against her for her participation in activities protected under EERA; pp. 2 & 3, dismissal letter; pp. 2 & 3, warning letter.