In Question # 3 Above, Evidence Is Introduced That the Statute

In question # 3 above, evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed. Since the performance appraisals which were allegedly tainted by race were issued more than 300 years before the case was filed, the employer moves to dismiss the case, arguing that the statute of limitations has passed, the case has been filed too late. Based on this evidence, what should you decide?

A) the case should be dismissed because the statute of limitations has passed, and the case was filed too late
B) the case should be dismissed because the tainted evaluations triggered the employee s right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
C) the Motion to Dismiss should be denied because the employee s right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
D) the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time