Would-be plaintiffs in two employment decisions – one from
the Fifth Circuit, one from the Ninth Circuit – were recently
reminded that, no matter how solid the facts of their case, they
can still lose on a technicality.
The first case, Lee v. Venetian Casino Resort, LLC,
considered whether a plaintiff's Title VII claim was
time-barred because he did not file suit within 90 days of
receiving a right-to-sue notice from the U.S. Equal Employment
Opportunity Commission ("EEOC"). This 90-day period
runs from the day the right-to-sue letter arrives at the
claimant's address of record.
Ordinarily, any lawsuit relating to the allegations in an EEOC
charge are time-barred if not filed within that 90-day period
unless circumstances are such that the court will equitably toll
the statute of limitations, i.e., despite reasonable efforts, the
claimant did not uncover the injury or identify the proper party
until after the deadline has passed. Because statutes of
limitation
