CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
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1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Limitations period for new allegations contained in first amended charge extends back six months from filing date. Allegations in amended charge are therefore untimely. Relation back doctrine does not apply because new allegations cannot be viewed as merely clarifying the original allegations in this initial charge or adding a new legal theory based on facts originally alleged in the initial charge, but were added to charge. Allegations in original charge regarding changed job duties and increased security were incorporated into amended charge and should have been included in complaint relating to poor performance evaluation and denial of overtime opportunity. Further factual detail in amended charge cured weaknesses of initial charge regarding alleged retaliatory change in job duties and increased scrutiny.