Title VII Plaintiffs Should File Their Lawsuits within 93 Days of the EEOC Sending the Right to Sue Letter
On April 20, 2015, the 5th Circuit clarified that courts should presume that a Title VII plaintiff received a right to sue letter three days after the EEOC mailed the right to sue. Jenkins v. City of San Antonio Fire Dept., 14-50483, *5 (5th Cir. 4/20/2015) (the opinion may be found here).
Plaintiffs who file lawsuits of discrimination under Title VII are required to obtain a letter from the EEOC prior to filing suit. This letter is called a “Right to Sue” letter, and it typically states that the EEOC conducted a preliminary investigation and is not pursuing the claim, but the individual may file a lawsuit if he/she desires. The plaintiff has 90 days to file suit after he/she receives the right to sue letter from the EEOC. If the plaintiff fails to file the lawsuit within 90 days, the lawsuit can be dismissed as untimely, and even if the plaintiff had a valid claim, he/she cannot pursue it.
Often, lawsuits are filed at the last minute, and the date when the plaintiff received the right to sue letter is unknown. Prior to the Jenkins decision, courts presumed the plaintiff received the letter between three to seven days after the EEOC mailed the letter. In Jenkins, the plaintiff filed his lawsuit 96 days after the EEOC mailed it. The 5th Circuit affirmed that the case should have been dismissed because all courts should presume the plaintiff received the letter three days after it was mailed.
In short, the 5th Circuit stated that any employment discrimination lawsuit filed more than 93 days after the EEOC sent its right to sue letter is presumed to be untimely.
