Note 90-day deadline after EEOC right-to-sue letters

Employees who receive their EEOC right-to-sue letter have just 90 days to file a federal lawsuit.

Advice: Note that deadline as soon as you receive your copy. If the employee tries to file the lawsuit later, alert your attorney to push for quick dismissal.

Recent case: Julianna worked as a cleaner at a State of Minnesota facility. She filed a federal lawsuit alleging that it had subjected her to a hostile work environment due to her national origin. Her 90-day right-to-sue notice was delivered on Oct. 3, 2016. However, she didn’t receive it because she had moved and did not provide a forwarding address.

She called the EEOC on April 27, 2017 and was issued a new letter. Then she sued.

The court dismissed the case because she was too late. (Tekler v. State of Minnesota, DC MN, 2018)

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