Minors Can Have Up Until Age 18 to File PHRA Claims, Pa. Supreme Court Rules
"Denying minors the right to be heard by the Human Relations Commission, and to recover for wrongful discriminatory conduct, through an overly restrictive interpretation of the phrase 'equitable tolling' would defeat the very purpose and policies upon which the PHRA is based, and, indeed, would severely undercut the protections of this humanitarian statute," Justice Debra Todd wrote.
September 24, 2020 at 03:01 PM
3 minute read
In a case involving a child who was sexually assaulted and bullied at a Philadelphia school, the Pennsylvania Supreme Court has held that his case should not have been dismissed as untimely because the Pennsylvania Human Relations Act allows minors to file claims up until age 18.
The justices' ruling overturns a Commonwealth Court decision upholding the dismissal of the case, with the high court holding that plaintiff N.B.'s status as a minor should have tolled the statute of limitations under the PHRA. N.B. was abused in school at age 8, and his mother filed claims two years afterward.
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