The following excerpt is from Fielder v. Ual Corp., 218 F.3d 973 (9th Cir. 1999):
Elimination of the statute of limitations is also another heavy weight piled onto people who want to get jobs. Until the companies are very sure that prospective employees are not dangerous to them, they are likely to avoid hiring them. Employers have done that in the past few years by hiring people as "temps," and treating them as employees of temporary employment agencies, or hiring them for purportedly temporary jobs that end automatically, but are really long probation periods. By increasing the litigation risk to employers today, we further discourage companies from making offers of genuine, full, secure employment. Our decision today
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teaches practical employers to hire temps or contract the work out.
By inventing facts, and inventing law, we have done considerable harm. I dissent.
Notes:
1. 42 U.S.C. S 2000e-5(e)(1).
1. 42 U.S.C. S 2000e-5(e)(1).
2. Delaware State College v. Ricks , 449 U.S. 250 (1981).
2. Delaware State College v. Ricks , 449 U.S. 250 (1981).
3. Id. at 258.
3. Id. at 258.
4. Id. at 259-60.
4. Id. at 259-60.
5. Id. at 257.
5. Id. at 257.
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