Does equitable tolling extend the statute of limitations for an adverse employment action?

MultiRegion, United States of America

The following excerpt is from Pronechen v. Sec'y Of U.S. Dep't Of Homeland Sec., CV 06-01726 LEW (E.D. Cal. 2011):

claim accrues upon awareness of the actual injury, i.e., the adverse employment action, and not when the plaintiff suspects a legal wrong. Lukovsky v. City and County of San Francisco, 535 F.3d 1044, 1049 (9th Cir. 2008). If a reasonable plaintiff would not have known of the existence of a possible claim within the limitations period, then equitable tolling will serve to extend the statute of limitations for filing suit until the plaintiff can gather what information he needs. Johnson v. Henderson, 314 F.3d 409, 414 (9th Cir. 2002).

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