When the EEOC issues a so-called “right to sue” letter, the recipient has just 90 days to file a federal lawsuit. But courts are increasingly reluctant to dismiss cases filed within a few days of the deadline.
Recent case: David worked for the U.S. Postal Service and filed an EEOC discrimination complaint over a denied promotion. When the EEOC dismissed his complaint and sent him the right-to-sue letter, he filed his lawsuit within 90 days of the date he claimed to have received the letter. His employer claimed it had actually delivered it 19 days earlier and had tracking information.
But the court believed David’s account of frequent late mail delivery and said his tale of mail woe overcame the presumption that tracking was accurate. The lawsuit proceeds. (Haaland v. Donahoe, No. 13-1876, DC MN, 2014)