Monday, October 26, 2009

MD Court Dismisses Suit for Failing to File Within 90-Days of Receipt of Right to Sue Letter

In Blakeney v. City of Annapolis, the United States District Court for the District of Maryland dismissed the plaintiff's Complaint in which she alleged various claims under Title VII. The Court held that she had failed to file her Complaint within 90 days of receiving notice from the EEOC that it had concluded its administrative proceedings with respect to her charge of discrimination. Often referred to as the Notice of Right to Sue, a plaintiff has 90 days from receipt of that written notice to file a lawsuit asserting Title VII claims. Plaintiff's argument that the time period should have been equitablly tolled was rejected by the Court. A copy of the decision can be read here.

Please visit the Farrell & Gunderson website and contact Eric W. Gunderson if you would like additional information or guidance on statutory requirements relating to Title VII claims.