Holland

Plaintiff Tim Holland filed this action alleging employment discrimination. Defendant Union Pacific Railroad Company (UPRR) successfully moved for summary judgment. In his timely appeal from the ensuing judgment, plaintiff first contends that the court commissioner who heard the motion lacked jurisdiction as a judge pro tempore over the matter. In the interests of judicial economy, we decline to reach the issue because the substantive issue will only return to us after remand. On the merits, he asserts that his failure to file a timely, verified administrative complaint was excusable. We conclude that under the established doctrine of equitable estoppel, his untimely administrative complaint is not a bar to his action at law because he diligently pursued his administrative remedy and reasonably relied on the conduct of administrative officials in believing that the limitations period was not a concern. We also conclude that the judge pro tempore erred in sustaining hearsay objections to the evidence documenting this conduct, because plaintiff was not introducing it as proof of the matters asserted therein, but as proof of the basis for his failure to file a timely…