Workers, Dignity, and Equitable Tolling

43 Pages Posted: 24 Apr 2018 Last revised: 11 Jun 2018

See all articles by Duane Rudolph

Duane Rudolph

Independent; Peking University School of Transnational Law

Date Written: August 8, 2016

Abstract

The article focuses both on a community historically viewed as unimportant and on a remedy considered unimportant so as to reject functional approaches to equitable remedies grounded in realist, economic, and other traditions. The paper underscores the necessity of a dignitarian approach to workers suffering from mental illness who request equitable tolling of the relevant statutory limitations period because mental illness foreclosed the timely filing of their federal employment discrimination lawsuits. The paper’s central innovation is the introduction of human dignity to the literature on remedies and the inclusion of remedies in the legal expansion of human dignity.

Keywords: Workers, Dignity, Equitable Tolling, Mental Illness, Statute of Limitations, Equity, Employment Discrimination

Suggested Citation

Rudolph, Duane, Workers, Dignity, and Equitable Tolling (August 8, 2016). 15 Northwestern University Journal of International Human Rights 126 (2017), Available at SSRN: https://ssrn.com/abstract=2849684

Peking University School of Transnational Law ( email )

Shenzhen
China

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