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Where a Complainant argues that the statute of limitations should be equitably tolled because the Respondent did not have informational posters concerning applicable anti-discrimination laws posted at the workplace as required by the Age Discrimination in Employment Act, the Department will analyze the Complainant’s arguments by reference to sec. Ind 88.21, Wis. Adm. Code, which is the posting requirement established by the Equal Rights Division. In this case, the Complainant’s claim for equitable tolling was rejected, even if the Respondent did not post the required posters. The failure to post notices is only considered legally significant if the employee is genuinely ignorant of the illegality of discrimination which the notice, if it had been posted, could have informed him of. Olson v. Lilly Research Laboratories (LIRC, 06/25/92). [Ed. note: sec. Ind. 88.21, Wis. Adm. Code, has been renumbered sec. DWD 218.23, Wis. Adm. Code.]
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