42 U.S.C. § 2000e-5
Enforcement provisions: the cases that interpreted this section
21,822 citing cases reviewed of 29,359 in the citation index: 12,143 interpreted the section (annotated below), 9,679 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 2000e-5?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Charge form and verification
Section 2000e-5(b) requires a verified EEOC charge, but the requirement is not jurisdictional; a court may stay a suit while the claimant seeks to verify an earlier charge.
Maillet v. TD Bank U.S. Holding Co. · filed 2013-11-08(b)
Here, in light of the broad remedial purpose of Title VII, the Court concludes that the best remedy is to stay the proceedings and permit plaintiff to return to the EEOC to verify her charge. The current action never reached the point where defendant was obliged to respond to the EEOC charge because the right-to-sue letter was issued before a response was required.Read the full opinion on CourtListener →
Section 2000e-5(b)’s charge verification requirement is a waivable condition precedent to a Title VII suit, not a limit on federal jurisdiction.
Gad v. Kansas State University · filed 2015-05-27(b)
We conclude this verification requirement is non-jurisdictional and does not divest the federal courts of subject-matter jurisdiction. Title VII does not make the verification requirement jurisdictional, and the failure to comply with the requirement is not a conclusive impediment to suit. Like other conditions precedent, verification can be asserted as a defense to a claim by the defendant.Read the full opinion on CourtListener →
A charge under § 2000e-5(b) need not identify a particular legal theory if it generally describes the challenged employment practice.
U.S. Equal Employment Opportunity Commission v. McLane Co. · filed 2015-10-27(b)
Ochoa’s charge does not allege discrimination based on any particular legal theory, and it did not need to do so.Read the full opinion on CourtListener →
An EEOC intake questionnaire can qualify as a Title VII charge when it identifies the employers and alleged discrimination and requests agency action.
Stone v. Academy, Ltd. · filed 2016-01-12(b)
Title VII mandates that a charge of discrimination “shall contain such information and be in such form as the Commission requires.” 42 U.S.C.A. § 2000e-5 (West 2009). ... Accordingly, the Court' finds that Ms. Stone’s Intake Questionnaire constitutes a charge.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a written, sworn discrimination charge containing the information the EEOC requires; allegations buried in attachments that the charge does not incorporate do not exhaust those claims.
Crawford v. Johnson · filed 2016-02-26(b)
Title VII states that the formal charge of discrimination that an aggrieved employee submits to an agency in order to fulfill the exhaustion obligation must “be in writing under oath or affirmation and shall contain such information and be in such form as the [EEO] Commission requires.” 42 U.S.C. § 2000e–5(b). ... Thus, Crawford’s argument that his EEO complaint should be construed as having included allegations with respect to the three incidents by virtue of his having attached exhibits is unavailing.Read the full opinion on CourtListener →
A screening form does not count as a discrimination charge unless it requests remedial action.
Carlson v. Christian Brothers Services · filed 2016-10-27(e)(1)
But the CIS did not request remedial action, and so was not a charge.Read the full opinion on CourtListener →
A discrimination charge submitted to both a state agency and the EEOC satisfies the EEOC charge-filing requirement.
Ware v. NBC Nevada Merchants, Inc. · filed 2016-11-30(b)
Thus, the NERC form plaintiff filed evinces that both entities received the charge of discrimination, so plaintiffs state charge is therefore constructively filed with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(b) requires an EEOC charge to be made under oath or affirmation; an unverified intake questionnaire does not satisfy that requirement.
Shi v. Montgomery · filed 2017-02-10(b)
In addition, the earlier intake questionnaire he filed was not made under oath or affirmation, and, therefore, was not a charge within the statutory requirements.Read the full opinion on CourtListener →
Section 2000e-5(b) requires an EEOC charge to be verified; an unverified charge that is never corrected does not exhaust administrative remedies.
Ramirez v. Bolster & Jeffries Health Care Group, LLC · filed 2017-09-22(b)
Likewise, there is nothing in the record to reflect that Ramirez subsequently took, steps to rectify her failure to verify the charge, and as.noted above, she specifically refused to sign it on the advice on counsel. Therefore, because Ramirez did not comply with the requirements for her EEOC charge, she failed to exhaust her administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge under a workshare agreement with a state agency, and an intake questionnaire can qualify as a charge if it identifies the employer, describes the discrimination, and requests EEOC action.
Scott v. Rochester Gas & Elec. · filed 2018-09-21(e)(1)
Pursuant to this well-established authority, Plaintiff had 300 days to file his charge with the EEOC. ... In this case, the Questionnaire submitted by Plaintiff qualifies as a charge. For the EEOC's intake questionnaire to be considered a charge, it must include the allegation and the charged party's name, and the plaintiff must have checked Box 2 on the form.Read the full opinion on CourtListener →
Section 2000e-5(e) permits a timely EEOC intake questionnaire to serve as a charge when a later verified charge cures its lack of verification.
Stevens v. Concentrix Corporation · filed 2019-12-11(e)
Based on the above considerations, the Court concludes that Plaintiff filed a timely charge of discrimination consistent with Williams v. CSX Transp. Co., 643 F.3d 502 (6th Cir. 2011). Here, Plaintiff’s September 26, 2018 executed charge amended her July 26, 2018 Inquiry Questionnaire’s technical defect of not having been verified.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge to be filed within 300 days in Oklahoma, and an untimely questionnaire cannot relate back to an alleged earlier questionnaire that is unavailable for review.
Stratton v. Sutherland Global Services, Inc. · filed 2020-02-10(e)(1)
There is no evidence in the record supporting Stratton’s claim to have filed an intake questionnaire “possibly as early as the first week of September 2016,” and, even if there were, the law does not permit relation back of an untimely questionnaire to a timely questionnaire that no longer exists.Read the full opinion on CourtListener →
A Title VII charge must be filed within 300 days of the challenged act; a screening form or intake letter that does not request relief does not count as a charge.
Lewis v. BNSF Railway Company · filed 2020-02-25(e)(1)
The intake letter is not a charge for similar reasons: It also did not request relief or launch an investigation into BNSF. Accordingly, we agree with the district court that Amen Ra did not file his charge until November 2013, more than 300 days after each of the challenged actions.Read the full opinion on CourtListener →
An EEOC intake questionnaire may qualify as a timely Title VII charge when it identifies the parties and describes the alleged discrimination well enough to permit notice to the employer.
Clark v. Auger Services, Inc. · filed 2020-03-10(e)(1)
The Fifth Circuit has also previously held that “an intake questionnaire” that informs the EEOC of the identity of the parties and describes the alleged discriminatory conduct in enough detail to enable the EEOC to issue an official notice of charge to the respondent is sufficient to “’set the administrative machinery in motion.’” ... This Court applies Conner because this Court is bound by the Fifth Circuit and because of the more closely aligned facts presented.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a verified EEOC charge; verification submitted after the EEOC closes its investigation cannot relate back to an earlier unverified filing.
Evans v. Epimed International · filed 2020-05-14(b)
Because the EEOC had already closed its investigation, Plaintiff's subsequently submitted verified complaint cannot relate back to his original filing.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a written, verified EEOC charge before suit, and an employer may obtain dismissal when the charge is unverified.
Womack v. Mercy Hospital Oklahoma City Inc · filed 2020-06-29(b)
EEOC’s regulations are clear: before filing suit in federal court, claimants must present the EEOC with a verified charge, in writing.Read the full opinion on CourtListener →
Section 2000e-5(b) requires an EEOC charge to be verified; merely citing 28 U.S.C. § 1746 in an unsworn declaration does not satisfy that requirement.
Glapion-Pressley v. City and County of Denver · filed 2020-10-13(b)
Plaintiff contends that her EEOC complaint satisfies the verification requirement because it specifically invokes § 1746. ... Plaintiff concedes that her declaration is “unsworn” and that she “failed to use the magic words ‘under penalty of perjury.’” (ECF No. 50 at 2.) Thus, the Court finds there is no basis for finding that she substantially complied with § 1746 by mere citation.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a discrimination charge to be made under oath or affirmation; an unverified charge does not satisfy the condition precedent to suit.
MOSBY v. CITY OF BYRON, GEORGIA · filed 2021-01-28(b)
Since “verification is an absolute condition precedent to suit” under Title VII (and the ADA) in this circuit, Mosby’s lack of verification demands one simple ruling—she did not satisfy an absolute condition precedent before filing her lawsuit.Read the full opinion on CourtListener →
Section 2000e-5(b) requires Title VII charges to be verified under oath; a later verified charge does not exhaust claims it omits.
Martinez-Nolan v. Tyson Poultry, Inc. · filed 2021-02-09(b)
The issue here is that Plaintiff’s initial letter to the EEOC cannot satisfy Title VII’s exhaustion requirements because Plaintiff did not verify the initial letter, i.e., he did not sign it under oath.Read the full opinion on CourtListener →
Section 2000e-5(b) requires an EEOC charge to be verified, and an amended charge cannot cure a verification defect after the EEOC closes the case and issues a right-to-sue letter.
Glapion-Pressley v. City and County of Denver · filed 2022-04-14(b)
But because the EEOC had long since issued her right-to-sue letter and closed the case, her belated attempt to cure the verification defect was too late and did not justify granting the Rule 60(b) motion.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a discrimination charge to be made under oath or affirmation; an unverified charge that is not cured does not satisfy that requirement.
Mosby v. City of Byron, Georgia · filed 2022-04-18(b)
Such charges “shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires.” Id. § 2000e-5(b). ... Because Mosby did not properly submit her charge of discrimination to the Commission, the district court correctly granted summary judgment on her Title VII and ADA claims.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a charge to be made under oath or affirmation; a signed declaration under penalty of perjury satisfies that requirement.
Gabriel v. Melton Truck Lines Incorporated · filed 2022-08-16(b)
Additionally, by statute, a charge must be made under oath or affirmation. ... And finally, Gabriel signed the document underneath a statement that “I declare under penalty of perjury that the above is true and correct” and a handwritten date. Dkt. No. 13 at 2900. This is sufficient as an oath or affirmation.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a charge to identify the alleged unlawful employment practice; charging one discrete act does not permit an employee to litigate another.
Webster v. Del Toro · filed 2022-09-20(b)
Such a “charge” must include the “date, place and circumstances of the alleged unlawful employment practice.” Id. § 2000e-5(b) (“contents of charges”). ... These provisions together make clear that a “charge” alleging one “unlawful employment practice” does not permit the employee to challenge others.Read the full opinion on CourtListener →
An oral EEOC intake interview does not count as a charge because a charge requires a written filing.
Uchikura v. Willis Towers Watson Call Center · filed 2022-12-09(e)(1)
There was no filing or written statement here.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day filing period is not tolled by a pre-charge inquiry that does not qualify as an EEOC charge.
Henson v. Baltimore City Board of School Commissioners · filed 2023-04-18(e)(1)
Considering all of these factors, the Court finds that the pre-charge inquiry fails to qualify as an EEOC charge of discrimination and that completing the form did not toll Plaintiff's 300-day limitations period.Read the full opinion on CourtListener →
Section 2000e-5(b)’s oath requirement is satisfied when an attorney verifies an EEOC charge under penalty of perjury on the complainant’s behalf.
Lask v. Kansas City, Kansas Community College Board of Trustees · filed 2023-08-08(b)
That act met the literal requirements of 42 U.S.C. § 2000e-5(b) and 29 C.F.R. § 1601.9.Read the full opinion on CourtListener →
Section 2000e-5(b) requires a verified Title VII charge, and alleging that an EEOC charge was filed can adequately plead exhaustion.
Sheridan v. Unifi Aviation, LLC · filed 2024-06-06(b)
Treating the factual allegations as true and resolving all inferences in favor of Plaintiff—particularly considering that the term “charge” specifically means a verified document in Title VII cases—the Court finds Plaintiff has adequately alleged exhaustion of administrative remedies for both her Title VII and ADEA claims.Read the full opinion on CourtListener →
Section 2000e-5(b)’s charge verification requirement is satisfied when an attorney signs the EEOC charge under penalty of perjury; the claimant need not sign it personally.
Hampton · filed 2025-10-31(b)
The EEOC charge that plaintiff filed suffice because someone signed it under penalty of perjury. Title VII regulations don’t require the plaintiff to sign the charge and the court declines to read an extratextual limitation into those regulations.Read the full opinion on CourtListener →
EEOC charge deadlines and continuing violations
In a state with an employment discrimination agency, an employee who first files with that agency has 300 days to file an EEOC charge; earlier discrete acts cannot independently support a Title VII claim.
Weaver · filed 2026-02-25(e)(1)
... a state agency that has authority over employment discrimination claims, including Kansas, employees have up to 300 days to file an EEOC charge if they first file a charge with the state agency.” ... This filing date means that plaintiff’s claims are timely for allegations occurring on or after June 7, 2023. ... The court thus dismisses plaintiff’s claims to the extent they rely on pre-June 7, 2023, allegations.Read the full opinion on CourtListener →
A Title VII plaintiff must file an EEOC charge within 300 days of the alleged discrimination, but undated allegations do not establish a time bar when the complaint permits an inference of timely conduct.
Gates · filed 2026-02-25(e)(1)
“To sustain a claim for unlawful discrimination under Title VII and/or the ADEA, a plaintiff must file administrative charges with the EEOC within 300 days of the alleged discriminatory acts.” Flaherty v. Metromail Corp., 235 F.3d 133, 136 n.1 (2d Cir. 2000); 42 U.S.C. § 2000e-5(e)(1); 29 U.S.C. § 626(d)(2). ... And unlike with Plaintiff’s age-discrimination claim, it is far from “apparent from the face of the complaint” that the adverse actions that Plaintiff identifies as racially motivated all took place prior to March 25, 2023.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows earlier hostile work environment incidents to be considered only if they are part of the same unlawful employment practice as an incident within the charge-filing period.
Roman · filed 2026-02-17(e)(1)
Acts occurring before April 8, 2022 may be considered only if they are part of the same unlawful employment practice as at least one act within the limitations period. ... Accordingly, no reasonable jury could find that Estrella’s November 2022 use of a racial slur is sufficiently related in type, frequency, or perpetrator to the pre-April 8, 2022 incidents. Those pre-April 8, 2022 incidents are therefore time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in a deferral state 300 days to file a discrimination charge; a hostile work environment claim may remain pending when the continuing violation doctrine could make it timely.
Barksdale · filed 2026-02-09(e)(1)
Accordingly, Ms. Barksdale was required to file her charge of discrimination within 300 days of the last unlawful employment practice, i.e., the last instance of harassment. ... The court finds that it would be premature at this stage of the litigation to conclude that the continuing violation doctrine does not apply, which would bar these two claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely discrimination charge; for a discrete employment act in Florida, the charge must be filed within 300 days.
Griffin · filed 2026-02-06(e)(1)
Therefore, if the annual physical examination provision in the CBA violated the ADA, Plaintiff’s discrimination charge must have been filed with the FCHR or the EEOC within 300 days—i.e., by June 23, 2020.Read the full opinion on CourtListener →
In New York, a Title VII charge must be filed within 300 days of the alleged unlawful employment practice.
Duhaney · filed 2026-01-30(e)(1)
The timeline in this case makes clear that Plaintiff was well outside the required 300-day window when filing their cross-filed EEOC complaint on April 19, 2023.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Tennessee Title VII claimant 300 days to file a discrimination charge with the EEOC.
Duerkson · filed 2026-01-30(e)(1)
In Tennessee, Duerkson had 300 days to submit a charge of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge in Florida to be filed with the EEOC within 300 days of the last discriminatory act.
Sims · filed 2026-01-15(e)(1)
Under the Pregnancy Discrimination Act of Title VII, 42 U.S.C. § 2000e(k), a charge of discrimination must be filed with the EEOC within 300 days of the last discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)'s 300-day charge-filing period bars earlier hostile work environment incidents when a long gap in employment breaks the claimed continuing violation.
Autokiniton · filed 2026-01-14(e)
Under Title VII, a charge of discrimination must be filed with the EEOC within 300 days after the alleged unlawful employment practice. 42 U.S.C. §2000e-5(e). ... So here, even assuming the pre-layoff incidents in this case are “similar” to those that occurred upon her return to work in 2022, the alleged harassment cannot be considered “continuing” over such a long gap in time and employment. ... Any incidents from prior to Williams’ layoff are therefore time-barred under both Title VII and the ELCRA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars ADA claims based on conduct more than 300 days before a charge is filed with a state agency.
Call · filed 2026-01-21(e)(1)
Any claims based on events occurring earlier than 300 days before this date (earlier than November 9, 2022) are therefore barred by statute.Read the full opinion on CourtListener →
In a deferral state, a discrete Title VII discrimination claim based on an act more than 300 days before the administrative charge is time-barred.
Walker · filed 2025-12-15(e)(1)
Florida is a deferral state, meaning discrete acts of termination are not actionable under Title VII if more than 300 days before a plaintiff’s administrative charge—in this case, before October 26, 2023.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars discrete Title VII acts outside the 300-day charge-filing period, while non-discrete acts may be considered as part of a continuing hostile work environment.
Rizvi · filed 2025-12-05(e)(1)
Accordingly, the Court finds that allegations 1, 2, and 3 (pertaining to retaliation) and 4 (pertaining to discrimination) are discrete and time-barred, whereas allegations 5, 6, 7 and 8 (to the extent 8 implicates any racial nexus at all) are not discrete.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII retaliation charge in the District of Columbia to be filed within 300 days of the allegedly retaliatory act.
Khatri v. Board of Trustees of the University of the District of Columbia · filed 2025-12-05(e)(1)
Thus, absent legal authority to the contrary, any of the components of the plaintiff’s retaliation claims that relate to actions taken more than 300 days prior to that date, i.e., August 10, 2018, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a Title VII plaintiff in a deferral jurisdiction 300 days after an alleged unlawful employment practice to file a discrimination charge.
Bell v. Dollar Tree · filed 2025-11-21(e)(1)
The Court can discern from Bell’s pleading alone that she filed her charge within 300 days of the alleged unlawful practices—because she filed it at least by May 9, 2025, when she amended her complaint and cited the charge number.Read the full opinion on CourtListener →
Section 2000e-5(e)(1), incorporated into the ADA, requires an employee to file an administrative discrimination charge within 300 days of the alleged discriminatory act.
Cooley · filed 2025-11-03(e)(1)
To do so, a plaintiff must file a charge of discrimination with the EEOC, or with a state or local agency with authority to grant or seek relief from the alleged unlawful employment practice, within 300 days of the defendant’s alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5 requires a Title VII plaintiff to file an EEOC charge within 300 days of a discriminatory act; earlier discrete acts are time-barred.
Ali v. Columbus State Community College · filed 2025-02-24(e)(1)
Pursuant to 42 U.S.C.A. § 2000e-5 (West), a Title VII plaintiff must file a discrimination charge with the EEOC within 300 days of the alleged discriminatory action. ... Plaintiff has not offered argument against the application of this time bar, and the Court therefore grants CSCC’s motion for summary judgment to the extent that Dr. Ali’s complaint seeks relief for acts of discrimination occurring before November 23, 2021, including as to any such acts related to the hiring procedures described above in March 2019 and February 2021.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discrete discriminatory or retaliatory acts that occurred more than 300 days before the EEOC charge was filed.
McIntyre v. Arizona Board of Regents · filed 2025-01-22(e)(1)
As a result, claims arising out of acts that occurred before October 6, 2022 (300 days before the EEOC Charge) are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely EEOC charge for each discrete discriminatory act; acts outside the filing period are not actionable.
Cora v. Amgen Manufacturing, Limited · filed 2025-01-23(e)
Accordingly, as to the First EEOC Charge, the actionable discriminatory acts are those that occurred on or after October 28, 2017.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of an alleged discriminatory act; each discriminatory compensation payment can start a new filing period.
Lambertus v. Nuvo Solutions, Inc. · filed 2024-07-10(e)(1)
This statute of limitations bars EEOC claims from being filed beyond 180 days after the time of the employer’s alleged unlawful act. See 42 U.S.C. § 2000e-5(e)(1). ... Thus, plaintiff's allegation of unfair withholding of promised compensation would be considered within the statute of limitations if it continued up until her last day at Nuvo.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s charge-filing deadline allows a hostile work environment claim to include older incidents when they are sufficiently related to an incident within the filing period.
Riggs v. Akamai Technologies · filed 2024-07-08(e)(1)
In the Second Circuit, a court may consider discriminatory incidents that would otherwise be time barred if the untimely incidents are “sufficiently related” to a discriminatory incident which occurred within the limitations period. ... Applying these principles here, the Court agrees with Defendants that the 2013 taxi assault incident and the 2017 physical assault incident were not sufficiently related to Plaintiff’s timely claims because they were different in nature than the timely incidents (vulgar comments and disparagement of work performance based on gender stereotypes) and happened years before with a long period of inactivity.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of the alleged unlawful practice, subject to class-action tolling.
U.S. Equal Employment Opportunity Commission v. Union Pacific Railroad Company · filed 2024-07-08(e)(1)
Accordingly, when tolling the statute of limitations for the Harris class-action suit, the claims here fall within the 300-day window.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days; for a termination claim, the period begins when the employee is informed of the decision.
Vandermeulen v. Loudoun County School Board · filed 2024-06-28(e)(1)
Before bringing a Title VII claim in federal court, a plaintiff must file a timely charge before the Equal Employment Opportunity Commission (“EEOC”) within 300 days from the last date of alleged discrimination. See 42 U.S.C. § 2000e-5(e)(1); Edwards v. Murphy-Brown, L.L.C., 760 F. Supp. 2d 607, 619 (E.D. Va. 2011). ... Because Vandermeulen was “informed” of her allegedly retaliatory termination on May 12, 2022, “the filing period beg[an] to run from” that date for her retaliation claim. Price, 694 F.2d at 965. Accordingly, she was required to file her EEOC charge no later than March 8, 2023—300 days after the date she was informed of her termination. Because she did not file her charge until April 14, 2023, however, her Title VII retaliation claim is time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(3)(A) can make a denied bonus the operative compensation event for measuring the EEOC charge filing deadline.
Wrentz v. USAble Life · filed 2024-07-01(e)(3)(A)
Although the EEOC concluded that Wrentz’s claims were not timely filed, Wrentz will be given the benefit of the doubt based on a liberal construction of 42 U.S.C. section 2000e-5(e). Specifically, Wrentz’s claims will date back to the denial of her full bonus in March 2022 rather than her alleged constructive termination date of December 31, 2021.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires an EEOC charge within 300 days, but the continuing violation doctrine can allow earlier related acts to be considered when a qualifying act falls within that period.
Smith v. Presidio Networked Solutions, LLC · filed 2024-06-26(e)(1)
Accordingly, since the continuing violation doctrine applies to Plaintiff’s Title VII gender discrimination claim and her termination could serve as a qualifying act to bring in untimely acts, Defendant’s argument that this claim is time-barred is without merit at this stage of the litigation.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge in Wisconsin within 300 days of the alleged unlawful practice; earlier conduct may be considered as part of a hostile work environment if a contributing act occurred within that period.
Stribling v. United Parcel Service Inc · filed 2024-05-03(e)
In Wisconsin, before bringing a lawsuit in federal court under Title VII, a plaintiff must file a charge of discrimination with either the Equal Employment Opportunity Commission (“EEOC”) or the Wisconsin Equal Rights Division within 300 days following the alleged unlawful employment practice. ... Under the continuing violation doctrine, however, a court may consider otherwise time-barred conduct for purposes of a hostile work environment claim so long as “an act contributing to the claim occurs within the filing period.” ... This testimony creates a genuine issue of fact as to when the conduct contributing to the hostile work environment ended. As such, the court cannot say as a matter of law that the pre-period conduct Stribling points to as contributing to the hostile work environment cannot be considered when evaluating Stribling’s claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) treats a hostile work environment as a series of acts forming one unlawful employment practice; a discrete act does not become actionable merely because it relates to a timely filed charge.
Tealeh v. DeJoy · filed 2024-04-29(e)(1)
The Supreme Court has made clear that these are distinct concepts, emphasizing that discrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges. Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002). In contrast, “[a] hostile work environment claim is comprised of a series of separate acts that collectively constitute one ‘unlawful employment practice.’” Id. at 117 (citing 42 U.S.C. § 2000e-5(e)(1).).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of the alleged unlawful employment practice.
Simonsen v. Thurston County School District 87-0013 · filed 2024-04-23(e)(1)
She filed her first charges with the NEOC or EEOC on February 7, 2022, within 180 days of the suspension. Thus, her claims that her suspension was due to retaliation or discrimination were timely filed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of a discrete discriminatory act for that act to be actionable.
Robertson v. The Visitors of Virginia State University · filed 2024-04-24(e)(1)
Because Plaintiff filed her Charge of Discrimination with the EEOC on September 3, 2021, she cannot recover under Title VII from discrete discriminatory acts that allegedly occurred before November 7, 2020.Read the full opinion on CourtListener →
Section 2000e-5(e)(1), as applied to ADA claims, allows 300 days to file an EEOC charge when the claimant first files with an authorized state agency.
Gamst v. Boston University · filed 2024-02-23(e)(1)
In short, the most recent discriminatory act within the scope of the MCAD charge occurred on June 14, 2022. The MCAD charge was filed on April 28, 2023. Thus, the charge was filed 318 days after the alleged discriminatory conduct, outside the applicable 300-day limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in a deferral state to file an EEOC charge within 300 days of each discrete discriminatory act.
Richoux v. Chevron Oronite Company, LLC · filed 2024-02-28(e)(1)
When discrete acts of discrimination are alleged, only acts occurring within 300 days of the EEOC charge are actionable.Read the full opinion on CourtListener →
In Maryland, § 2000e-5(e)(1) allows 300 days after an alleged unlawful employment practice to file an EEOC charge.
Bush v. Frederick County Public Schools · filed 2024-02-15(e)(1)
Bush filed her EEOC charge on December 14, 2020, exactly 300 days after her termination on February 18, 2020. So, only her allegations related to her termination are timely.Read the full opinion on CourtListener →
Section 2000e-5(e) gives a Title VII claimant 300 days after an alleged discriminatory act to file an EEOC charge when the claimant first files with a qualifying state or local agency.
VALENTIN v. COMMONWEALTH OF PA. · filed 2024-02-21(e)
He filed this action on February 9, 2024, 82 days after receiving the Right to Sue Letter, though Mr. Valentin fails to allege any discriminatory act occurring within 300 days of his April 20, 2023 EEOC filing. This is an additional reason that his claim is not plausible.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in a deferral state to file an EEOC charge within 300 days of the alleged unlawful conduct.
Pandya v. Bank of America · filed 2024-02-09(e)(1)
Because Washington is a “deferral state,” a plaintiff must file his EEOC charge within 300 days of the allegedly offending conduct. ... It therefore appears that Mr. Pandya’s EEOC charge was untimely, which is fatal to his claims under Title VII, the ADEA, and the ADA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to reach the EEOC within 180 days of the alleged unlawful conduct; filing occurs when the EEOC receives the charge.
Gatewood v. Delta Bus Lines, Inc. · filed 2024-02-12(e)(1)
A discrimination charge is considered “filed” for purposes of 42 U.S.C. § 2000e-5 on the date the EEOC receives the charge, not the date the charge is signed or mailed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) required an EEOC charge to be filed within 300 days of the alleged discrimination in this case.
SCOTT v. THE CHILDREN'S HOSPITAL OF PHILADELPHIA · filed 2024-02-06(e)(1)
Title VII required Scott to file an administrative charge with the EEOC within 300 days of April 9, 2021. ... Here, Scott filed a charge with the EEOC on July 1, 2022, which was 448 days after April 9, 2021. As such, Scott’s claims were time barred at the time this Court dismissed the case, and this Court’s order dismissing Scott’s claims without prejudice must be considered a final order.Read the full opinion on CourtListener →
Section 2000e-5(e) permits earlier harassment to be considered as part of a timely hostile work environment claim only when the earlier acts are related to acts within the filing period.
Harris v. The Public Health Trust of Miami-Dade County · filed 2023-10-04(e)
Because Harris changed physical work environments and thereafter encountered no discrimination at the hands of her former supervisors, the events at Jackson North can’t be deemed part of the same, continuing practice as those that occurred at Jackson Reeves.Read the full opinion on CourtListener →
A hostile work environment claim may include acts outside the filing period if they are part of the same unlawful employment practice and at least one act occurred within the period.
FIELDS v. AMERICAN AIRLINES, INC. · filed 2023-09-29(e)(1)
To benefit from the doctrine, a “plaintiff must show that all acts which constitute the claim are part of the same unlawful employment practice and that at least one act falls within the applicable limitations period.”Read the full opinion on CourtListener →
A hostile work environment claim may include acts outside the 300-day EEOC filing period if an act contributing to the claim occurred within that period.
Garduno v. Capable Controls, Inc. · filed 2023-09-26(e)(1)
“Provided that an act contributing to the claim occurs within the filing period,” in this case, Plaintiff’s final complaint about Tennyson just one month before her termination in March 2022, “the entire period of the hostile environment may be considered by a court for the purposes of determining liability.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a hostile work environment claim to include earlier related conduct when a contributing act occurs within the 300-day filing period.
Tyson v. Energy and Environmental Protection · filed 2023-09-15(e)(1)
A Title VII discrimination claim must be brought within three hundred days of the date when the alleged unlawful employment practice occurred. See 42 U.S.C. § 2000e-5(e)(1). ... But DEEP’s argument fails because of the continuing-course-of-conduct exception that applies to hostile work environment claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 180-day filing period allows earlier conduct to support a continuing hostile work environment claim when at least one act falls within the filing period.
Mingo v. The City of Mooresville · filed 2023-09-18(e)(1)
Therefore, the Court find that the proper scope of the hostile work environment claim includes conduct that occurred before the 180- day time period advocated for by the Defendant.Read the full opinion on CourtListener →
Earlier incidents may be considered as part of a timely Title VII hostile work environment claim when they are closely related to the alleged harassment.
Anchante v. Wilkie · filed 2023-05-30(e)(1)
After a careful review, the Court agrees with Plaintiff. It is evident, as the EEO found, that the actions complained of in the allegedly time-barred claims involve the same agency officials and were closely intertwined to other events Plaintiff complained about. ... Plaintiff has made clear that she is not bringing these claims as discrete actionable acts but rather as in support of her overall harassment claims. Thus, the Court will consider the incidents as such.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a hostile work environment claim based on continuing conduct when a contributing act occurs within the 180-day EEOC charge filing period.
Mauritz v. Lynn · filed 2023-04-27(e)(1)
Under 42 U.S.C. § 2000e-5(e)(1), a charge of discrimination must be filed within 180 days “after the alleged unlawful employment practice occurred.” ... Because the July 16, 2019, pushing incident occurred within the prescription period, Nena’s hostile work environment claim is timely.Read the full opinion on CourtListener →
Law changed since Pub. L. 111-2 (January 29, 2009) added § 2000e-5(e)(3), making each affected paycheck a separate discriminatory compensation practice; the earlier limit on examining pay decisions does not state the full current rule.
When an employer periodically reviews and resets pay, Section 2000e-5(e)(1) prevents an employee from reaching further back than the last pay decision immediately before the EEOC charge filing period to establish a discriminatory pay claim.
Ledbetter v. Goodyear Tire & Rubber · filed 2005-08-23(e)(1)
We think, therefore, that at least in cases in which the employer has a system for periodically reviewing and re-establishing employee pay, an employee seeking to establish that his or her pay level was unlawfully depressed may look no further into the past than the last affirmative decision directly affecting the employee’s pay immediately preceding the start of the limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge to be filed within 180 days of the alleged violation.
Horne v. Russell County Commission · filed 2005-07-15(e)
An EEOC charge must be filed within 180 days of the alleged violation. 42 U.S.C. § 2000e-5(e). The alleged wage violations, however, ceased on January 1, 2002, which is more than 180 days before June 3, 2003. Summary judgment is, therefore, due to be GRANTED as to the Title VII claim on this alternative basis.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge alleging discrimination to be filed within 180 days of the alleged act.
Hithon v. Tyson Foods, Inc. · filed 2005-08-03(e)(1)
We find that Hithon filed her Equal Employment Opportunity Commission (“EEOC”) complaint more than ten months after Phillips returned to the Albertville Human Resources position for which Hithon applied. Charges regarding alleged discriminatory acts must be filed within 180 days of the alleged act. 42 U.S.C. § 2000e-5(e)(1). ... Thus, we hold that Hithon’s § 1981 and Title VII retaliation claims based on the denial of the promotion for the Albertville position are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a hostile work environment claim when related harassment continues into the 300-day filing period.
Porter v. California Department of Corrections · filed 2005-08-05(e)(1)
Therefore, we hold that Porter’s hostile-environment claim is not time barred and remand to the district court for further proceedings consistent with this opinion.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discrimination charge to be filed with the EEOC within 180 or 300 days, depending on whether a charge is also filed with a state or local agency.
Kohler v. City of Wapakoneta · filed 2005-08-12(e)
Though the City failed to assert it as a ground for summary judgment, Kohler’s Title VII claim is barred by the statute of limitations. 42 U.S.C. § 2000e-5(e) requires victims of discrimination to file a charge with the EEOC within either 180 or 300 days, depending on whether they also file with a state or local agency.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Wisconsin Title VII claimant to file a discrimination charge within 300 days of the alleged discriminatory act.
Garrott v. Board of Regents of the University of Wisconsin System · filed 2005-08-16(e)
It is undisputed that plaintiff filed a discrimination complaint with the Wisconsin Personnel Commission on October 17, 2001, which is 300 days after December 21, 2000. It is undisputed also that Harper was no longer plaintiffs supervisor as of July 27, 2000, almost five months before the 300-day cut off. Therefore, any discriminatory acts by Harper are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets the deadline for filing a Title VII charge with the EEOC; claims based on earlier acts are time-barred.
Drake v. Steamfitters Local Union 420 · filed 2005-08-16(e)(1)
Drake filed her charge on May 2, 2000, meaning the limitation period prevents the consideration of any act occurring prior to July 7, 1999.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an employee 300 days to file an EEOC charge when the employee initially institutes proceedings with a state agency authorized to investigate the claim.
Jute v. Hamilton Sundstrand Corp., Docket No. 04-3927-Cv · filed 2005-08-23(e)(1)
Here, because Jute initially instituted proceedings before the CCHRO and with the EEOC, the 300-day limitations period applies.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days of an alleged discriminatory act; earlier discrete acts are time barred.
Benjamin v. Brookhaven Science Associates, LLC · filed 2005-08-24(e)
Thus, because Benjamin filed his EEOC Charge on October 17, 2003, any alleged conduct that occurred prior to December 21, 2002, i.e. 300 days prior to the date that the EEOC Charge was filed, is time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant 300 days to file an EEOC charge when state or local proceedings have begun; otherwise, the deadline is 180 days.
Turner v. District of Columbia · filed 2005-08-25(e)(1)
The 300 day period only becomes applicable when such a local administrative process has already begun, and merely allows a longer period for an EEOC charge to be filed in such circumstances.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge to be filed with the EEOC within 300 days of the alleged discrimination, subject to equitable tolling when justified.
Gilmore v. UNIVERSITY OF ROCHESTER STRONG MEMORIAL HOSPITAL DIVISION · filed 2005-09-01(e)
To be timely, a Title VII complaint must be filed with the EEOC within 300 days of the alleged discriminatory incident. 42 U.S.C. § 2000e-5(e). ... I therefore find no basis to apply equitable tolling here.Read the full opinion on CourtListener →
In Texas, a Title VII claimant satisfies the 300-day charge-filing deadline by filing a nominal complaint with either the EEOC or the TCHR.
Enguita v. Neoplan USA Corp. · filed 2005-07-07(e)(1)
By filing a complaint with the EEOC on January 29, the plaintiff fulfilled his obligation in filing a nominal complaint with either the EEOC or TCHR within the 300-day limitations period.Read the full opinion on CourtListener →
Section 2000e-5(f)(1)'s 90-day filing period is not excused when the EEOC sends a right-to-sue letter to an outdated address because the claimant failed to report the change.
Taal v. Hannaford Bros. · filed 2005-07-08(f)(1)
Because Taal failed to properly notify the EEOC that she had changed her address, she is not entitled to relief from § 2000e-5(E)(1) simply because the EEOC sent the right-to-sue letter to the address listed in her complaint, rather than to her current address.Read the full opinion on CourtListener →
A timely EEOC charge alleging a hostile work environment permits consideration of related acts outside the filing period.
Haught v. the Louis Berkman, LLC · filed 2005-07-05(e)(1)
Thus, given the fact that Leonard filed a timely EEOC complaint alleging a hostile work environment, all of the allegations related to that claim may be considered by this Court, regardless of the fact that they fall outside of the statutory period. For this reason, this Court finds the defendant’s assertion of untimeliness to be without merit.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discriminatory act within the applicable 300-day period before the administrative charge for a Title VII discriminatory-training claim to proceed.
Gilford v. City of New York · filed 2005-06-15(e)
Without proof of some discriminatory act within the *393 pertinent limitations period, Gilford’s failure to train claims must be dismissed in their entirety.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) provides a 300-day period to file an EEOC charge for an ADA discrimination claim.
Lit v. Infinity Broadcasting Corp. of Pa. · filed 2005-06-08(e)(1)
Under the ADA and ADEA, the employee has 300 days to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). ... We find that plaintiffs charge of discrimination filed with the PHRC 172 days thereafter timely raised this alleged violation of the ADEA, ADA and PHRA.Read the full opinion on CourtListener →
Law changed since Pub. L. 111-2 (January 29, 2009) added subsection (e)(3), making each affected paycheck a separate discriminatory compensation practice and allowing qualifying back pay for up to two years before the charge; the earlier paycheck-recovery limit does not state the full current rule.
Section 2000e-5(e)(1) gives a Title VII claimant 300 days to institute state or local proceedings, or 180 days to file an EEOC charge otherwise; a discriminatory paycheck received within the filing period can support a timely claim.
Forsyth v. Federation Employment And Guidance Service · filed 2005-06-06(e)(1)
A complainant has 300 days from the date of the alleged unlawful employment practice to institute proceedings with a state or local agency. Otherwise, the complainant has only 180 days from the date of the alleged unlawful employment practice to file a complaint with the EEOC. 42 U.S.C. § 2000e-5(e)(1) (2001). ... Plaintiff's salary discrimination claim, then, was not time-barred as the district court wrongly believed, but his recovery would be limited to those paychecks he received within the relevant statute of limitations period, i.e., paychecks received within 300 days prior to March 24, 1994, or paychecks received after that date.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits consideration of harassment outside the charge-filing period when it is sufficiently related to timely harassment to form one continuing hostile work environment.
Wheaton v. North Oakland Medical Center · filed 2005-05-10(e)(1)
The district court’s interpretation of AMTRAK was not an abuse of discretion. Essentially, AMTRAK requires a trial court to determine whether purported incidents of harassment occurring outside the statutory period are sufficiently related to those incidents occurring within the statutory ... period as to form one continuous hostile work environment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII hostile work environment charge filed with an authorized state agency to be filed within 300 days of the last act contributing to that environment.
Bellamy v. Fritz · filed 2005-04-26(e)(1)
Michigan’s Department of Civil Rights is a state entity with authority to grant or seek relief with respect to such claims, and therefore any claim filed with the Department of Civil Rights must be filed within three hundred days of the last act that contributed to the creation of a hostile work environment. 42 U.S.C. § 2000e-5(e)(1). ... The Title VII hostile work environment claim was therefore not timely filed, and is procedurally barred.Read the full opinion on CourtListener →
Section 2000e-5 requires an administrative charge within 300 days of the challenged act; several openings filled through one hiring process may count as one act for that deadline.
Sivulich-Boddy v. Clearfield City · filed 2005-04-15(e)(1)
Title VII requires Plaintiff to file a timely administrative claim within 300 days of the challenged action. 42 U.S.C. § 2000e-5. ... At the motion to dismiss stage, where this court must accept all well pleaded allegations and construe them in the light most favorable to plaintiff, she has alleged enough to establish that the hiring process may have been one discrete act. Therefore the court denies the motion to dismiss for failure to promote in November 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge within the applicable 180- or 300-day period; a discrete failure to promote starts its own filing period.
Cannon v. St. Paul Fire and Marine Insurance Co. · filed 2005-05-06(e)(1)
Here, the failure to promote Cannon was a discrete act that was required to be presented to the EEOC within 300 days of occurring. Thus, Cannon failed timely to present this charge to the EEOC and cannot avail himself of the continuing violations doctrine.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 180 days of the alleged discrimination, or within 300 days if the complainant first files with a state or local agency.
Watson v. Las Vegas Valley Water District · filed 2005-05-27(e)
A complainant must file a charge with the EEOC within 180 days of the last act of alleged discrimination, unless the complainant initially institutes proceedings with a state or local agency, in which case the EEOC charge must be filed within 300 days. 42 U.S.C. § 2000e-5(e). ... Watson’s claims for alleged discriminatory acts occurring prior to May 15, 1998 are barred by the statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge within 300 days of the discriminatory conduct and bars claims based on earlier acts.
Douglas v. Eastman Kodak Co. · filed 2005-06-15(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1), plaintiff must file a charge of discrimination under Title VII within 300 days of the discriminatory conduct. This provision functions as a statute of limitations and bars claims based on acts that occurred more than 300 days before the administrative charge is filed. ... However, plaintiffs race discrimination claims based on incidents alleged to have occurred in 1995, 1996, and 1998 are time-barred, and they are dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely administrative complaint before a plaintiff may bring a Title VII damages action.
Burton v. New United Motor Manufacturing · filed 2005-04-01(e)(1)
The timely filing of an administrative complaint is a prerequisite to bringing a civil action for damages under both FEHA and Title VII.Read the full opinion on CourtListener →
Section 2000e-5’s 300-day deadline for filing an EEOC charge follows Rule 6(a), so a deadline falling on a Saturday, Sunday, or legal holiday extends to the next business day.
Gamas v. Anheuser-Busch · filed 2005-02-23(e)(1)
Because it is reasonable to assume that the drafters of the 300-day limitation period had Rule 6(a) in mind when they enacted the limitation period, I adopt Gamas’s argument on this point and reject Anheuser-Busch’s motion for summary judgment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged discriminatory act.
Lewis v. NYCTA · filed 2005-03-16(e)(1)
“To sustain a claim for unlawful discrimination under Title VII ..., a plaintiff must file administrative charges with the [Equal Employment Opportunity Commission (‘EEOC’)] within 300 days of the alleged discriminatory acts.” ... When Lewis failed to amend, the district court properly dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a 300-day period to file an EEOC charge when the deferral requirements are met.
Major v. Plumbers Local Union No. 5 of the United Ass'n of Journeymen · filed 2005-03-29(e)(1)
In the present case, the EEOC decision issued on December 7, 1995 indicates that the deferral jurisdictional requirements have been met. ... Therefore, the Court will apply the 300-day filing period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; the 300-day filing period may be equitably tolled in rare and exceptional circumstances.
Sinha v. New York City Department of Education · filed 2005-04-08(e)(1)
Prehminarily, we note that there is no dispute as to the fact that Sinha’s EEOC claim was not filed within 300 days of the alleged discrimination. ... Nevertheless, as the district court recognized, “in [] rare and exceptional circumstance[s], in which a party is prevented in some extraordinary way from exercising [her] rights,” equity can toll the 300-day filing limitation. ... Accordingly, because plaintiffs failure to comply with the filing prerequisites of Title VII is undisputed, the judgment of the district court, entered on April 29, 2004, dismissing plaintiff-appellant’s complaint is hereby AFFIRMED.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant to file an EEOC charge within 300 days of the discriminatory act; earlier acts are time-barred absent a continuing violation.
Verdin v. Weeks Marine Inc. · filed 2005-02-16(e)
As the District Court noted, to pursue a Title VII claim, an individual has 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (“EEOC”). See 42 U.S.C. § 2000e-5(e). ... We agree with the District Court that Verdin’s charge does not reflect a continuing violation and that he exhausted his administrative remedies only as to his termination in May 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a discrimination charge when a state or local agency has authority to grant or seek relief.
Douglass v. United Auto Workers, Local 31 · filed 2005-03-31(e)(1)
The 180 day period is extended to 300 days if a charge is filed with a state or local agency with the authority to grant or seek relief. ... Because plaintiff filed a charge with the KHRC, a 300 day limitation applies. ... Accordingly, for the reasons stated above, plaintiff has failed to timely exhaust her administrative remedies with respect to her discrimination claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; earlier hostile work environment acts may be considered when they are part of the same hostile environment as an act within the filing period.
Duncan v. Manager, Department of Safety · filed 2005-02-15(e)(1)
We begin by examining the acts in the filing period and determining what acts outside of the filing period are related by type, frequency, and perpetrator. The entire range of related acts constitutes the hostile work environment underlying Ms. Duncan’s claim.Read the full opinion on CourtListener →
A hostile work environment charge is timely under the 300-day filing period when an act that is part of the alleged hostile environment occurred within that period.
Hananiya v. City of Memphis · filed 2005-02-03(e)(1)
The Court finds these assertions satisfy the requirement that the plaintiff file a timely charge of hostile work environment by showing acts which occurred within the 300-day period which were part of the hostile work environment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows up to 300 days to file a Title VII complaint in a deferral state, and older incidents may serve as background evidence for a timely claim.
Ploscowe v. Kadant · filed 2005-01-06(e)(1)
However, despite the fact that the incidents involving the Nazi flag and the comment that “your people killed my God” occurred outside this the 300 day time limitation, they may still be considered “as background evidence in support of a timely claim.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on acts occurring more than 180 days before the plaintiff files with the EEOC.
Cooper v. Southern Company · filed 2004-11-10(e)(1)
Furthermore, several of the claims not included in the Complaint, but asserted in discovery, occurred more than 180 days before Edwards filed a complaint with the EEOC. Those claims were, therefore, barred by Title VII’s statute of limitations.Read the full opinion on CourtListener →
In New York, a plaintiff must file an EEOC charge within 300 days of the alleged discriminatory act.
MacDonnell v. Liberty Central School District · filed 2004-11-10(e)(1)
In New York state, a plaintiff must file administrative charges with the EEOC within 300 days of the alleged discriminatory acts to comply with the statutory period set by 42 U.S.C. § 2000e-5(e)(1) (2000).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an Illinois plaintiff to file an EEOC discrimination charge within 300 days after the alleged unlawful employment practice occurred.
Stepney, Lawrence v. Naperville Comm 203 · filed 2004-12-02(e)(1)
Under Title VII, a plaintiff in Illinois must file an employment discrimination charge with the EEOC within 300 days “after the alleged unlawful em- ployment practice occurred.” § 2000e-5(e)(1); see also Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 104-05 (2002); Speer v. Rand McNally & Co., 123 F.3d 658, 662 (7th Cir. 1997).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; a later charge does not revive a separate, earlier refusal to hire.
Feldman v. Nassau County · filed 2004-12-10(e)(1)
Title VII requires a claimant to file a charge of discrimination with the EEOC within 180 days of the alleged unlawful employment practice or, if the claimant has previously filed the charge with a state or local equal employment agency, within 300 days of the alleged discrimination. ... Therefore, plaintiffs EEOC charges were filed more than 300 days after the last alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a jurisdiction with a state or local agency that enforces employment discrimination laws.
Payne v. MTA New York City Transit Authority · filed 2004-12-21(e)(1)
In jurisdictions, such as this one, in which there exists an agency charged with enforcing state or iocal prohibitions against employment discrimination, the statute provides a 300 day limitations period for filing such charge. 42 U.S.C. § 2000e-5(e)(1). ... Here, Payne filed his EEOC charge on December 7, 1998, so the 300 day period extends backward in time to February 11, 1998, two days prior to Payne’s car accident. ... In the absence of such claim, allegations concerning conduct that occurred prior to February 11, 1998 are time-barred under Morgan.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge within 180 days of the alleged discrimination, extended to 300 days in a deferral state when the employee initially files with the state agency.
Alcorn v. City of Baton Rouge · filed 2004-12-30(e)(1)
Under substantive federal law, a Title VII plaintiff must file a claim of discrimination with the EEOC no more than 180 days after the alleged discriminatory act occurred. 42 U.S.C. § 2000e-5(e)(1). In a state that has an entity with the authority to grant or seek relief with respect to the unlawful practice (a deferral state), this filing period is extended to 300 days if the employee initially filed a grievance with that agency. ... Therefore, the 300-day filing period applies to the plaintiffs' federal claims.Read the full opinion on CourtListener →
A hostile work environment claim satisfies § 2000e-5's 300-day EEOC filing period when the alleged harassment continued into that period.
Smith v. Virgin Islands Port Authority · filed 2005-01-02(e)(1)
I presume the defendants’ unexplained statement is an attempt to argue ... that the plaintiff failed to comply with 42 USC § 2000e-5, requiring her to file a claim with the EEOC within 300 days of the last action giving rise to a hostile work environment claim. This argument fails, as the plaintiff has alleged she was subject to “constant” sexual harassment since the commencement of her employment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge alleging a hostile work environment to be filed within 300 days of an act that was part of that environment.
McIntire v. Tulsa County Sheriff · filed 2005-01-05(e)(1)
McIntire’s claim is time barred unless she raised it in an EEOC charge filed within 300 days of any act that was part of the hostile work environment.Read the full opinion on CourtListener →
Section 2000e-5(f)(1) requires a Title VII action to be filed within 90 days after receipt of an EEOC right-to-sue letter.
Quinn v. Publix Supermarket · filed 2005-01-14(f)(1)
A Title VII action must be brought within 90 days of receipt of a right-to-sue letter issued by the Equal Employment Opportunity Commission.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows earlier acts to be considered in a hostile work environment claim when a contributing act occurs within the filing period.
Johnson v. United Parcel Ser · filed 2004-11-10(e)(1)
Defendant’s argument lacks merit; prior acts (outside of the statutory time period) may be considered in evaluating a harassment claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a court to consider older acts in a hostile work environment claim when a contributing act occurred within the filing period.
Johnson v. United Parcel Service, Inc. · filed 2004-12-21(e)(1)
Defendant’s argument lacks merit; prior acts (outside of the statutory time period) may be considered in evaluating a harassment claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in a deferral state 300 days after the alleged unlawful employment practice to file an EEOC charge.
Baker v. Office Depot, Inc. · filed 2004-11-08(e)(1)
Here, then, the 300 days would begin to run from the date Baker was terminated—March 16, 2001.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff in Illinois to file an employment discrimination charge with the EEOC within 300 days after the alleged unlawful employment practice occurred.
Stepney v. Naperville School District 203 · filed 2004-12-02(e)(1)
Under Title VII, a plaintiff in Illinois must file an employment discrimination charge with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” § 2000e-5(e)(l); ... Stepney’s EEOC charge, filed more than 600 days after the accrual of his claims, was untimely and that untimeliness bars the present action.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge to be filed within 300 days of the discriminatory employment decision.
Stevenson v. Rayloc · filed 2004-11-02(e)
The EEOC charge, filed on July 3, 2001, was submitted more than 300 days from the last day in September 2000, and October 5, 2001, the date on which he filed this suit, was over a year from any day in September 2000. Thus, we can only conclude that the district court did not err in finding that Stevenson’s discrimination claim was barred by the statute of limitations.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged discriminatory act.
Lombardo v. Potter · filed 2005-01-19(e)(1)
In a deferral state such as Kansas, a plaintiff must file Title VII discrimination charges within 300 days after the alleged discriminatory act occurred. ... The 300-day limit has passed with regard to each of plaintiff's additional claims of retaliation.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits acts outside the 300-day filing period to support a hostile work environment claim when they are part of the same practice as acts within the period.
Rowe v. Hussmann Corporation · filed 2004-10-18(e)(1)
Accordingly, we conclude as a matter of law that the acts before and after the limitations period were so similar in nature, frequency, and severity that they must be considered to be part and parcel of the hostile work environment that constituted the unlawful employment practice that gave rise to this action.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge in a state with an employment claims agency to be filed within 300 days of a discrete discriminatory act, including a failure to promote.
Mitchell v. City & County of Denver Ex Rel. Board of Water Commissioners · filed 2004-10-12(e)(1)
Under Title VII, in states that have a state agency to review employment claims such as Colorado, charges must be filed with the state agency within 300 days following the alleged discriminatory acts. ... A failure to promote is a discrete act subject to the 300-day statutory time limit for filing a claim. Accordingly, we affirm the district court’s decision to limit its consideration to conduct alleged between November 9, 1995, through September 4, 1996.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged discrimination.
Canady v. UAW LOCAL 31 · filed 2004-10-25(e)(1)
In a deferral state such as Kansas, a plaintiff must file Title VII and ADEA discrimination charges within 300 days after the alleged discriminatory act occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars claims based on discrete discriminatory acts that occurred more than 300 days before the employee filed an EEOC charge.
Lawana Porter v. California Department of Corrections · filed 2004-09-10(e)(1)
Thus, the district court correctly determined that any claim that Porter sought to assert for a discrete discriminatory act that occurred before June 26, 1998, was not actionable. Nonetheless, the district court failed to appreciate evidence indicating that at least one discrete act had occurred within the 300-day time frame; in particular, DeSantis' decision to deny Porter's request to transfer to the R0222 position.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of a discriminatory act. A timely hostile work environment claim may include earlier acts, but a failure-to-promote claim may seek relief only for timely denials.
Petrosino v. Bell Atlantic · filed 2004-09-29(e)(1)
For example, in the case of a hostile work environment claim, the statute of limitations requires that only one sexually harassing act demonstrating the challenged work environment occur within 300 days of filing; once that is shown, a court and jury may consider “the entire time period of the hostile environment” in determining liability.Read the full opinion on CourtListener →
In a deferral state such as Kansas, § 2000e-5(e)(1) requires a Title VII discrimination charge within 300 days of the alleged discriminatory act.
Canady v. General Motors Corp. · filed 2004-10-25(e)(1)
In a deferral state such as Kansas, a plaintiff must file Title VII and ADEA discrimination charges within 300 days after the alleged discriminatory act occurred. ... However, plaintiff waited and filed her charge of discrimination with the EEOC and KHRC on November 6, 2002, 311 days after her last contact with GM management, and more than three and a half years after her last day of active employment. As such, all the alleged acts of discrimination are barred because plaintiff failed to timely file a charge of discrimination, thereby failing to exhaust her administrative remedies.Read the full opinion on CourtListener →
A Title VII claim based on an earlier employment action is time barred when the employee did not challenge it in a timely EEOC charge and it is not part of a continuing violation.
Miller v. Firstar Bank N.A. · filed 2004-09-01(e)(1)
The district court denied the claim on the ground that Miller did not challenge the employment action in a timely charge with the EEOC pursuant to 42 U.S.C. § 2000e-5(e)(l) and on the ground that Miller could not show that the employment action was part of a continuing violation with the 1996 demotion, which was challenged in a timely charge. While Miller contested the district court’s finding that the 1993 employment action was not part of a continuing violation in her brief on appeal, she conceded at oral argument that she could not prevail on this issue. Therefore, her 1993 claim is time barred, and we need not address the merits of the claim in this opinion.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s filing deadline cannot be extended through the continuing violation doctrine for discrete acts such as failures to hire, promote, or train.
Celestine v. Petroleos De Venezuela SA · filed 2004-09-01(e)(1)
This Court did not and still does not apply the continuing violation doctrine to discrete incidents such as training, hiring or promotion.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day filing period does not reach earlier, isolated acts of harassment through a continuing violation theory.
Butler v. MBNA Technology, Inc. · filed 2004-09-24(e)(1)
As such, we conclude that Butler’s allegations are more in the nature of isolated work incidents than a continuing violation.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant 300 days from an adverse employment decision to file with the EEOC if she first files with a state or local agency.
Sloan v. City of Pittsburgh · filed 2004-08-31(e)(1)
A claimant has 300 days from the date of the adverse employment decision to file a claim with the EEOC if she files first with a state or local agency.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge to be filed with the EEOC within 300 days after the alleged unlawful employment practice occurs.
Wilson v. Brinker International, Inc. · filed 2004-09-01(e)(1)
Title VII requires that a plaintiff file a discrimination charge with the Equal Employment Opportunity Commission within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Consequently, a claim is time-barred if it is not filed within these time limits.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits 300 days to file an EEOC charge after the alleged unlawful employment practice occurs.
Woods v. Qwest Information Technologies · filed 2004-09-10(e)(1)
Title VII provides “three hundred days after the alleged unlawful employment practice occurred” in which to file a charge with the Equal Employment Opportunity Commission (EEOC). ... Woods did not receive final notification that her previous employment would not be credited under the Qwest’s new plan until October 2001. Woods’s EEO claim was filed on April 24, 2002, well within the 300-day period. Accordingly, Woods’s filing of an EEO complaint with respect to Qwest’s denial was timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day period for filing an EEOC charge does not restart when an employee repeats a request for reinstatement.
Zdziech v. Daimlerchrysler Corp. · filed 2004-09-30(e)(1)
The failure to act upon receipt of a letter requesting reinstatement is not a discrete act of discrimination and does not restart the statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a hostile work environment charge filed within 300 days of a contributing act to encompass related acts outside that period.
Rowe v. Hussmann Corp. · filed 2004-08-26(e)(1)
Accordingly, we conclude as a matter of law that the acts before and after the limitations period were so similar in nature, frequency, and severity that they must be considered to be part and parcel of the hostile work environment that constituted the unlawful employment practice that gave rise to this action.Read the full opinion on CourtListener →
For a hostile work environment claim, asking whether any act of harassment occurred during the filing period adequately states the timeliness inquiry.
Fawn Wilson v. Brinker International, Inc. · filed 2004-10-20(e)(1)
Review of the Supreme Court's decision in Morgan, thus, illustrates that the Court used "act of harassment" interchangeably with "an act contributing to the [hostile environment] claim." While a question asking whether an act contributing to the hostile environment occurred during the statutory time period may have been preferable, we cannot conclude that the district court committed error by framing the statute of limitations-related questions as it did.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day filing period does not allow a timely termination claim to revive earlier hostile work environment claims unless the termination furthered the alleged discriminatory practice.
Patterson v. County of Oneida, New York · filed 2004-07-15(e)(1)
In the present case, the 300-day limitations period, which ended on December 2, 1999, began on February 5, 1999. None of the allegedly harassing acts of which Patterson complained occurred later than January 1999. Thus, the only allegedly discriminatory act of which Patterson complained that occurred within the 300-day period was the termination of his employment on February 9, 1999. Patterson proffered no evidence to show that the termination, even if discriminatory, was in furtherance of the alleged practice of racial harassment. Accordingly, the district court properly dismissed all of Patterson's Title VII claims of hostile work environment as untimely.Read the full opinion on CourtListener →
Section 2000e-5(e) measures the filing period for a plaintiff who sues separately from the date of that plaintiff’s own EEOC charge, rather than an earlier charge filed by coworkers.
White v. Bfi Waste Services, Llc, Delbert Gaskins v. Bfi Waste Services, LLC · filed 2004-07-14(e)
Accordingly, as required by statute, and as the district court correctly determined, the date on which White’s own EEOC charge was filed is the date with respect to which any limitation of White’s Title VII claims must be determined. 42 U.S.C. § 2000e-5(e).Read the full opinion on CourtListener →
In Ohio, a Title VII charge preserves claims based on discriminatory acts that occurred within 300 days before the charge was filed.
Reeb v. Ohio Department of Rehabilitation & Correction Belmont Correctional Institution · filed 2004-06-02(e)(1)
Since Ohio is a deferral state, those allegedly discriminatory actions that occurred within 300 days prior to the filing of the charge are actionable.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 days of the alleged misconduct, extended to 300 days when the charge is initially filed with a state deferral agency.
Williams v. Giant Food Inc. · filed 2004-06-04(e)(1)
Williams filed her EEOC charge on December 7, 2000; thus, she could not prevail on any claim under Title VII based upon misconduct alleged to have occurred before February 12, 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC complaint within 300 days when the complainant previously filed with a state or local agency; an untimely filing bars suit absent a basis for tolling.
Floyd v. Taylor · filed 2004-05-25(e)(1)
When granted the opportunity to provide the requisite documentation to the district court, Floyd submitted papers indicating, at best, that she had filed an EEOC complaint 29 days after the statutory deadline. See 42 U.S.C. § 2000e-5(e)(1) (EEOC complaint must be filed within 300 days of “alleged unlawful employment practice” where complainant has previously filed a complaint with a state or local agency). There being no reason apparent in the record why the statutory deadline should not have barred Floyd from bringing suit, cf. Zerilli-Edelglass, 333 F.3d at 80-81 (discussing “extraordinary” circumstances in which statutory deadline may be equitably tolled), the district court properly dismissed the complaint.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a failure-to-promote claim when the employee files an EEOC charge more than 300 days after the decision in a jurisdiction where that filing period applies.
Menendez v. Scotiabank of Puerto Rico, Inc. · filed 2004-05-27(e)(1)
In any event, and according to the Supreme Court in National Railroad, the only events actionable are those that occurred three hundred (300) days prior to the date MENENDEZ filed her charge with the EEOC. This means that all alleged discrete discriminatory acts, such as failure to promote, that occurred prior to September 16, 2001 are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s EEOC charge deadline runs from notice of a final termination decision, even when the termination takes effect later.
Martin v. Nevada Employment Security Division · filed 2004-06-04(e)(1)
Martin therefore filed his EEOC charge four days too late (March 25, 2002), even if he were entitled to the longer 300-day period, which would have expired March 21, 2002.Read the full opinion on CourtListener →
A Title VII plaintiff must file an EEOC charge within 300 days of the alleged incident, but a claim may proceed if evidence could show discriminatory acts within that period.
White v. Pacific Media Group, Inc. · filed 2004-06-16(e)(1)
Under Title VII, a plaintiff must file a complaint alleging discrimination with the EEOC within 300 days from the date of the alleged incident. 42 U.S.C. § 2000e-5(e)(1). ... At this stage in the litigation, the court declines to dismiss Plaintiffs claims where, if sufficient evidence is presented, it is very likely possible that Plaintiff suffered a series of acts that constituted discrimination, including some that fell within the allotted statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a Title VII claim when the employee does not file an EEOC complaint within 300 days of the discriminatory act.
Fonseca v. Sysco Food Services of Arizona, Inc., a Delaware For-Profit Corporation · filed 2004-07-06(e)(1)
Fonseca’s Title VII claim regarding funeral leave is time-barred because he did not file a complaint with the EEOC within 300 days of Sysco’s discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days, but earlier related hostile work environment acts remain actionable when a transfer does not break their connection to timely acts.
Williams v. City of Chicago · filed 2004-07-13(e)
Title VII, specifically 42 U.S.C. § 2000e-5(e), requires a plaintiff to file a charge with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the alleged harassment. ... Accordingly, the time-barred acts are sufficiently related to the timely acts to preclude Williams’ transfer to Area 2 from being a Morgan “intervening action.” Therefore, under the continuing-violations doctrine the Homan Square conduct is actionable.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars claims based on adverse actions occurring more than 300 days before an EEOC complaint is filed.
Norton v. Houston Industries Inc. · filed 2004-07-16(e)(1)
Adverse actions that occur more than 300 days before the filing of an EEOC complaint are time-barred. See 42 U.S.C. § 2000e-5(e)(1). Here, Fuentez filed her EEOC complaint on May 26, 1992; consequently, suits based on actions occurring before July 30, 1991—including her demotion—are barred by statute.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in a referral state to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Aucoin v. Kennedy · filed 2004-07-26(e)(1)
Because § 2000e-5(e)(l) requires that a plaintiff file an EEOC charge within 300 days of the alleged unlawful practice, defendants argue that all of Aucoin’s Title VII claims arising prior to September 21, 2001 should be dismissed. Aucoin has not opposed this aspect of defendants’ motions. Accordingly, all of Aucoin’s Title VII claims arising prior to September 21, 2001 are dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge in a deferral state to be filed within 300 days of an employer’s rejection of a requested religious accommodation.
Fox v. Lear Corp. · filed 2004-07-28(e)(1)
In other words, because Fox did not file an EEOC charge within 300 days after Lear rejected Fox’s request for an accommodation, his claim is time-barred.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged discriminatory conduct.
Janmeja v. Bd Supr LSU Agri · filed 2004-04-28(e)(1)
In a deferral state like Louisiana where the appellant’s lawsuit was filed, a plaintiff must file his charge within 300 days of the complained-of conduct.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the alleged discriminatory conduct.
Janmeja v. Board of Supervisors of Louisiana State University · filed 2004-04-28(e)(1)
In a deferral state like Louisiana where the appellant’s lawsuit was filed, a plaintiff must file his charge within 300 days of the complained-of conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows earlier hostile work environment acts to be considered when they are part of the same unlawful employment practice as an act within the 300-day charge-filing period; a break in employment does not necessarily separate them.
Brimm v. Building Erection Services Co., Inc. · filed 2004-03-31(e)(1)
Section 2000e-5(e)(l) of Title VII required plaintiff to file an EEOC charge within 300 days after the alleged unlawful employment practice occurred. ... Here, by contrast, the record supports an inference that the breaks in plaintiffs employment did not change his working conditions. Defendant therefore is not entitled to summary judgment on this claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a New York Title VII claimant to file an EEOC charge within 300 days of the alleged discriminatory act.
Hill v. Citibank Corp. · filed 2004-03-26(e)(1)
Without the “fax header,” the plaintiff would be unable at trial to present any evidence that an EEOC charge was filed within the 300-day statutory period. ... Both federal claims are therefore untimely.Read the full opinion on CourtListener →
Notes 151–300 of 12,143, oldest cases first.
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