The only claim of alleged blacklisting which occurred within the 30 day time period of Mr. Holden's filing of May 1992 was the GE refueling technician job. Of greater importance is the affidavit of Ms. Jennifer Cameron, a GE Technical Recruiter who states that she had no contact with GSU in regard to Mr. Holden and that no adverse information of any kind is associated with Mr. Holden's resume or file. I find that Employer in its Motion to Dismiss has carried its burden of proving that there is no evidence of blacklisting which occurred within the thirty day period prior to Mr. Holden's May 1992 filing. Complainant argues in its response that his complaint is timely because Respondent is continuing to engage in retaliation against him. I find no authority to allow untimely claims to be resurrected by post-complainant allegations.
Complainant also argues that the doctrine of equitable tolling applies.
Complainant shall be given every benefit of the facts he alleges. Mr. Holden alleges that GSU's quality concerns employees lied to Holden when he asked about his resources. Although it is clear that Respondent failed to advise Claimant of his legal rights, I find that the Respondent's actions do not rise to the level of affirmative misrepresentation. I don't find that GSU actively misled Mr. Holden and is not responsible for his failure to file a timely complaint. Although Mr. Holden may have been ignorant of the law and his rights under Section 210, I find that this does not toll the statute.