ELS Victory: Court Rejects Untimely Title VII Claim Filed After Deadline

The Employment Law Solution successfully secured a ruling on behalf of its client that the Plaintiff’s lawsuit was untimely filed under Title VII’s 90-day statutory deadline. Both the Magistrate Judge and District Judge determined that the Plaintiff received her right-to-sue letter via email on September 8, 2022, but filed her lawsuit 91 days later, on December 8, 2022. The Court rejected Plaintiff’s reliance on the presumption of receipt doctrine, which applies only to mailed letters, and emphasized that the 90-day period begins when the Plaintiff herself receives the electronic notice, regardless of when her attorney becomes aware of the right-to-sue letter. Plaintiff failed to demonstrate diligence, such as regularly checking her email or the EEOC’s electronic portal system and did not meet her burden to prove timely filing. This ruling brings the law concerning statutory deadlines under Title VII squarely into the 21st Century.