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-filing deadline for seniority systems
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 180 days of the alleged unlawful employment practice, subject to equitable exceptions.
Whiting v. Weslowski · filed 1998-09-23(e)(1)
The relevant time limitation for such filing is governed by section 706(e)(1) of Title VII, which provides that a charge “shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Because Plaintiff did not file a charge of discrimination with the EEOC within 180 days of March 20, 1996, Plaintiffs Title VII claim must be dismissed.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 alleged discriminatory event.
Talyansky v. Xerox Corp. · filed 1998-09-30(e)
Under Title VII, a claimant must file a charge of discrimination with the EEOC within 300 days after the alleged discriminatory event. 42 U.S.C. § 2000e-5(e). Wdien a plaintiff has not done so, the claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Washington v. Occidental Chemical Corp. · filed 1998-10-06(e)
As this Court has repeatedly stated, Title VII requires a plaintiff to file a charge with the EEOC within 300 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when the alleged discrimination occurs in a state with its own discrimination law and enforcement agency.
Corr v. MTA Long Island Bus · filed 1998-10-16(e)(1)
As Plaintiff did not file a Charge of Discrimination with the EEOC until October 1996, Plaintiffs disability discrimination claim against Local 252 predicated upon the stock room promotional examination administered to Plaintiff, as well as Local 252’s surveillance and harassment of Plaintiff, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in a state with an agency authorized to remedy employment discrimination 300 days to file an EEOC charge.
Smith v. Allstate Ins. Corp. · filed 1998-10-23(e)(1)
Under Title VII and the ADEA, Ms. Smith had up to 300 days to file a charge with the EEOC since she resides in Illinois, a state which has an agency authorized to grant relief from unlawful employment practices. ... Because Ms. Smith did not file a timely charge with regards to this claim, she cannot bring suit under either Title VII or the ADEA.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge to be filed within 300 days of the challenged conduct; the continuing violation doctrine does not save claims based on unrelated, infrequent incidents that should have alerted the employee to assert her rights.
Houck v. City of Prairie · filed 1998-11-13(e)
Under Title VII, plaintiff must have filed her charge within 300 days of the conduct giving rise to her claim. See 42 U.S.C. § 2000e-5(e). Plaintiff filed her EEOC charge on May 20, 1994, and, thus, with regard to plaintiff’s Title VII claims, we do not consider occurrences before July 24, 1993.Read the full opinion on CourtListener →
Section 2000e-5(e) sets a 300-day charge-filing period; earlier conduct cannot support a claim when a continuing-violation argument was not preserved.
Lesley A. PARKINS, Plaintiff-Appellant, v. CIVIL CONSTRUCTORS OF ILLINOIS, INC., D/B/A the Helm Group, Inc., Defendant-A · filed 1998-12-30(e)
Most of these incidents occurred in 1994 and 1995, well outside the 300 days prior to her filing of a charge of discrimination. ... Accordingly, because Parkins filed her charge of discrimination on November 11, 1996, and failed to state allegations supporting a continuing violation before the district court, she cannot maintain a cause of action for any conduct that occurred before January 15, 1996.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when a worksharing agreement waives the state agency’s exclusive processing period.
Morris v. Northrop Grumman Corp. · filed 1999-02-17(e)(1)
Due to the fact that at the time Merritt filed his claim, a Worksharing Agreement was in effect between the NYSDHR and the EEOC whereby the NYSDHR waived its rights to the period of exclusive processing, the Court deems Merritt’s claim to be timely as it was filed with the EEOC prior to the 300 day limitation.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge alleging an unlawful employment practice to be filed within 300 days of the last alleged discriminatory act.
Johnson v. E.A. Miller, Inc. · filed 1999-02-25(e)(1)
Under 42 U.S.C. § 2000e-5(e)(1), a charge alleging an unlawful employment practice must be filed within 300 days of the last alleged discriminatory act. Ms. Johnson filed her charge of sexual harassment on May 24, 1993. Thus, the district court cannot hear her claims of sexual harassment unless she is able to allege at least one instance of such harassment on or after July 21, 1992. This she has failed to do.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 180 days of the alleged unlawful employment practice.
Dorchy v. Washington Metropolitan Area Transit Authority · filed 1999-02-25(e)(1)
Title VII requires that individuals file a charge with the EEOC within 180 days of any alleged unlawful employment practice. ... Because Mr. Dorchy has not provided any explanation for failing to file a charge within the requisite time period, his claim that he was denied employment and promotion in employment is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days of the alleged discriminatory practice, unless circumstances warrant equitable tolling.
Crawford v. Boone Cty. · filed 1999-03-26(e)
We agree with the district court that Crawford failed to show circumstances that warranted equitable tolling of the 300-day filing period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge subject to the 180-day deadline to reach the EEOC within that period; mailing it on the last day does not satisfy the deadline.
Vaughans v. Delta Health Group · filed 1999-04-28(e)(1)
Because Vaughans did not timely file her charge of discrimination, summary judgment was proper.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 180 days, or 300 days if the complainant first starts state or local proceedings; equitable tolling does not excuse a late ADA charge when the plaintiff knew or should have known of a possible claim within that period.
Santa Maria v. Pacific Bell · filed 2000-01-25(e)
42 U.S.C. S 2000e-5(e) requires that a complainant 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. ... Equitable tolling may not be invoked by an ADA plaintiff who, within the limitations period, has sufficient information to know of the possible existence of a claim.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a plaintiff in Illinois to file an EEOC charge within 300 days of the alleged discriminatory act.
Murrell v. USF & G Insurance · filed 2000-01-31(e)
To preserve a claim of employment discrimination in Illinois, a plaintiff must file a charge of discrimination with the EEOC within 300 days from the date of the alleged discriminatory act.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 when the claimant first proceeds before an authorized state agency.
Green v. Clovis Municipal · filed 2000-02-16(e)(1)
See 42 U.S.C. § 2000e-5(e)(1) (charge of discrimination must be filed within 300 days after alleged unlawful practice occurs if proceeding is instituted with state agency with power to grant relief from discrimination). Allegations of discrimination based on instances that occurred before August 1, 1996 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Wisconsin Title VII plaintiff to file a complaint with the EEOC or ERD within 300 days of the alleged discrimination.
Miller v. American Family Mutual Insurance Company · filed 2000-02-16(e)
In Wisconsin, a plaintiff alleging discrimination under Title VII must first file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the ERD within 300 days of the alleged discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Title VII claimant in a deferral state 300 days to file an administrative charge.
Smallwood v. Liberty Mutual Ins. · filed 2000-03-06(e)(1)
In a “deferral” state such as New Hampshire, this filing period is extended to three hundred days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s charge-filing period begins when the employer makes the adverse employment decision, even if a civil service commission acts later.
Barzellone v. City of Tulsa · filed 2000-03-31(e)(1)
This date is the adverse employment decision that starts the filing period for a discrimination charge.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII failure-to-promote claim to allege a denial within 300 days before the EEOC charge.
Lambert v. Washington Suburban Sanitary Commission · filed 2000-04-21(e)
In order to pursue any claim under Title VII, Plaintiff must allege a denial of promotion in the 300 days preceding her EEOC complaint.Read the full opinion on CourtListener →
An allegation that an EEOC charge was filed within the 180-day period sufficiently pleads compliance with Title VII’s filing requirement at the motion-to-dismiss stage.
Moss v. W & a CLEANERS · filed 2000-04-27(e)
Based on these allegations, which the court deems as true, the court finds that Plaintiffs sufficiently pleaded that they complied with Title VII’s 180-day filing requirement. Accordingly, the court finds that Defendants’ Motion To Dismiss on the ground that Plaintiffs failed to exhaust their Title VII administrative remedies is due to be denied without prejudice to their seeking relief by way of motion for summary judgment, if appropriate.Read the full opinion on CourtListener →
Through § 12117(a), the EEOC charge filing period in § 2000e-5(e)(1) applies to ADA claims; allegations made more than 300 days after the claimant knew or had reason to know of the alleged discrimination are time-barred.
Cavallaro v. Corning Inc. · filed 2000-04-28(e)(1)
Accordingly, I must determine when plaintiff knew or should have known that he would not be permitted to work if he refused to wear steel-toed shoes. From that date he had 300 days to file his ADA complaint with EEOC. It is settled that allegations of discrimination occurring more than 300 days prior to the date a charge is filed are time-barred. ... Therefore, plaintiffs ADA claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely discrimination charge; conduct outside the 300-day filing period is actionable only if it is part of a continuing violation.
Nofles v. State Farm Mut. Auto. Ins. Co. · filed 2000-05-18(e)(1)
Because Nofles filed her EEOC charge of discrimination on March 12, 1998, any discriminatory conduct occurring before May 16, 1997 is not actionable in this case unless as part of a continuing violation.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an employee to file an EEOC charge within 180 days after receiving unequivocal notice of an adverse employment decision.
Brewer v. Alabama · filed 2000-06-08(e)
Under Title VII, an employee is required to file a charge of discrimination with the EEOC within 180 days of the alleged act of discrimination. ... Applying the foregoing principles, the court finds that the 180-day period in which Plaintiff was required to file an EEOC charge began to run on the date Plaintiff received unequivocal notification of the adverse employment decision about which she is complaining.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a deferral state with a worksharing agreement even without a state filing; a timely sworn charge questionnaire can count as the charge.
Dubose v. District 1199C, National Union of Hospital & Health Care Employees · filed 2000-06-09(e)(1)
However, in deferral states with worksharing agreements such as Pennsylvania, the 300 day filing period is available regardless of the state filing. ... Thus, as the “only timely written statement of allegations,” the Charge Questionnaire serves as the filing of a charge of discrimination.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 unlawful employment practice.
Toth v. Gates Rubber · filed 2000-06-21(e)(1)
A plaintiff alleging violations of Title VII must file a charge of discrimination with the EEOC “within three hundred days after the alleged unlawful employment practice occurred.” See 42 U.S.C. § 2000e-5(e)(1). ... Thus, with the exception of the 1997 incident, Toth failed to file charges with the EEOC within the 300-day period.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 180 days of the discriminatory act; for a failure-to-promote claim, the period begins when the employee receives unequivocal notice of the hiring decision.
Nealey v. University Health Services, Inc. · filed 2000-06-21(e)
While the Plaintiff could have suspected that Defendant would not offer her the position, she could not have known that for a fact until May, 1996, when Angela Hardy was hired to fill the position permanently. Therefore, § 2000e-5(e) does not bar Plaintiff from challenging Defendant’s decision to hire Angela Hardy (a white, non-employee) instead of Plaintiff.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discrimination charge to be filed with the EEOC within 180 days after the claimant knows or reasonably should know of the challenged act.
Vadie v. Mississippi State University · filed 2000-07-05(e)
Since he believed that he had been passed over due to considerations of race and/or national origin, it was then that his claim accrued and the 180-day clock began to run. Dr. Vadie's filing of his EEOC charge in January of 1995 was simply too late.Read the full opinion on CourtListener →
Section 2000e-5(e) bars Title VII claims based on acts more than 300 days before an EEOC charge when the 300-day filing period applies.
Rosa v. Brink's Inc. · filed 2000-07-05(e)
Further still, the latter claims, to the extent they are brought under Title VII or the ADEA, are independently barred by the applicable 300 day statute of limitations, since plaintiff filed her EEOC claim on March 3, 1999 and therefore is barred from bringing Title VII and ADEA claims arising before May 7, 1998.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars an ADA claim when the employee files an EEOC charge more than 300 days after the challenged employment action.
Boersig v. Union Electric Co. · filed 2000-07-06(e)(1)
In granting summary judgment in favor of the defendants, the district court concluded that Boersig's reasonable accommodation claim was time-barred because Boersig filed his EEOC complaint more than 300 days after the effective date of Union Electric's unlawful actions. See 42 U.S.C. § 2000e-5(e)(1) (applicable to ADA claims under 42 U.S.C. § 12117(a)). We agree with the district court. Boersig cannot now resurrect his time- barred claims by challenging Union Electric's adherence to the promotional system clearly set forth in the CBA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; under the 1981 agreement between the OFCCP and EEOC, filing a complaint with the OFCCP does not itself toll the 180-day deadline.
Walker v. Nordisk · filed 2000-07-24(e)(1)
The Act does not, however, contemplate that filing a complaint with another agency can or should be deemed a filing with the EEOC for purposes of § 2000e-5(e).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge in a state with its own anti-discrimination laws and enforcement agency, measured from the alleged unlawful employment practice.
McKnight v. School District of Philadelphia · filed 2000-07-25(e)(1)
Title VII clearly states that its tolling date is the date of the alleged unlawful employment practice. Here, the alleged unlawful employment practice occurred on March 20,1998. Thus, Plaintiffs Title VII claim is time-barred, because he filed his EEOC complaint 6 months beyond the 300 day filing requirement.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely EEOC charge, and the plaintiff’s Title VII claim was barred by the 180-day filing period.
Carter v. Baker · filed 2000-07-26(e)
Carter was required to file her EEOC charge within 180 days of the discrimination. See 42 U.S.C. § 2000e-5(e). ... The district court therefore correctly directed a verdict in favor of Barker on Carter's Title VII claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(2) treats injury from applying a seniority system as a new unlawful employment practice when the system was adopted for a discriminatory purpose.
Ameritech Benefit v. Communications Work · filed 2000-07-13(e)(2)
If the employees are able to show intentional discrimination, their action accrues at the time they are injured by the seniority system--that is, when they are denied benefits.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars an ADA claim when the employee files an EEOC charge more than 300 days after the challenged employment action.
Boersig v. Union Electric Company International Brotherhood of Electrical Workers, Local 1439 · filed 2000-08-17(e)(1)
In granting summary judgment in favor of the defendants, the district court concluded that Boersig’s reasonable accommodation claim was time-barred because Boersig filed his EEOC complaint more than 300 days after the effective date of Union Electric’s unlawful actions. See 42 U.S.C. § 2000e-5(e)(1) (applicable to ADA claims under 42 U.S.C. § 12117(a)). We agree with the district court. Boersig cannot now resurrect his time-barred claims by challenging Union Electric’s adherence to the promotional system clearly set forth in the CBA.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant to file an EEOC charge within 180 days of the alleged discriminatory act.
Burds v. Union Pacific Corp. · filed 2000-08-18(e)
The district court dismissed their claims after finding that Nurse Gail Huss, the only nurse to file an administrative claim before the Equal Employment Opportunity Commission, failed to file her claim within 180 days of the alleged discriminatory acts as required by law. See 42 U.S.C. § 2000e-5(e). ... We are persuaded by the district court's thorough and well- reasoned opinion. We conclude, therefore, that the district court properly dismissed the nurses' Title VII claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA claimant to file an administrative discrimination charge within the applicable period; an untimely charge bars the claim.
Broussard v. Oryx Energy Co. · filed 2000-08-29(e)(1)
The American with Disabilities Act (“ADA”) provides that a plaintiff asserting claims against his employer for discrimination on the basis of a disability must follow the procedures required of a Title VII plaintiff, 42 U.S.C. § 2000e-5; 42 U.S.C. § 12117. Specifically, 42 U.S.C. § 2000e-5(e)(1) requires such a plaintiff to file an administrative charge of discrimination within one hundred and eighty days after the alleged unlawful employment practice occurred. ... Therefore, Plaintiffs only claim of discrimination — not being placed in the procurement position on October 11, 1994 — is barred by limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)’s charge-filing period begins when an employer announces its official tenure decision, even if termination follows later as a consequence of that decision.
Myrle B. Cooper v. St. Cloud State · filed 2000-09-25(e)
In sum, because Cooper failed to identify any discriminatory conduct that occurred after the 1992 settlement, we hold that the statute of limitations began to run when SCSU announced its official tenure decision, rather than at the time of termination, and, thus, affirm the decision of the district court dismissing plaintiff's Title VII claim as time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA Title I claimant in Massachusetts to file an EEOC charge within 300 days after the claim accrues; notice that a discriminatory benefits limit will apply starts that period.
Wilson v. Globe Specialty Products, Inc. · filed 2000-09-29(e)(1)
A plaintiff claiming an ADA Title I violation in Massachusetts must file a charge of discrimination with the EEOC within three-hundred days of the date that his or her cause of action accrued. ... Accordingly, Wilson’s cause of action accrued on January 16,1996, 724 days before he filed his EEOC complaint, and Count I is dismissed as time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) generally bars claims based on discriminatory acts more than 300 days before an EEOC charge when the plaintiff first filed with a state agency.
Miner v. Town of Cheshire · filed 2000-09-29(e)
The plaintiffs claims based upon sexual harassment allegedly occurred in August and September 1997 and, accordingly are time-barred because they happened prior to February 24, 1998.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an ADA claimant to file an EEOC charge within 300 days of the last unlawful employment practice; signed intake forms can satisfy that deadline.
Deily v. Waste Management of Allentown · filed 2000-10-23(e)
I am persuaded by plaintiffs argument. Both documents adequately spelled out plaintiffs claims, and both were signed by plaintiff. The latter document was submitted under oath, and plaintiff checked a box on that form labeled “I want to file a charge of discrimination.” ... Having established that the last alleged unlawful employment practice took place on December 15, 1997, and that plaintiff filed his charge with the EEOC on July 16, 1998, my task is simple. Only 209 days elapsed between the last alleged unlawful employment action and the filing of the charge of discrimination. Therefore, I conclude on the basis of the complaint that plaintiff complied with the 300-day rule and timely exhausted his administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Title VII claimant in Pennsylvania 300 days after the alleged discriminatory event to file an EEOC charge.
Gaspar v. Merck and Company, Inc. · filed 2000-10-26(e)(1)
The statute of limitations for filing a Title VII claim with the EEOC is not 180 days, as Merck asserts, but 300 days from the alleged discriminatory event.Read the full opinion on CourtListener →
Section 2000e-5(e) bars claims based on incidents outside the 300-day charge-filing period unless the continuing violation exception applies.
La Marco v. New York State Nurses Ass'n · filed 2000-11-02(e)
Thus, the Court finds that the continuing violation exception does not apply here and any alleged instances of sexual harassment occurring before December 23,1998 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) gives Title VII plaintiffs in Illinois 300 days to file an EEOC charge, and a factual dispute over when they learned of the discriminatory act can prevent summary judgment on timeliness.
Zakaras v. United Airlines, Inc. · filed 2000-11-09(e)
In this case, there is a genuine issue of material fact as to whether Mr. Zakaras’ claims were filed within 300 days of the discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 180-day period for filing an EEOC charge over termination begins when the employee receives definite notice of termination.
Stewart v. Washington · filed 2000-11-09(e)(1)
Quite simply, the 180-day charge filing period does not run until the plaintiff is told that she is actually being terminated, not that she might be terminated if future contingencies occur.Read the full opinion on CourtListener →
In a deferral state, a Title VII charge must be filed within 300 days after the alleged unlawful employment practice.
Golleher v. Aerospace Dist. Lodge 837, IAMAW · filed 2000-11-16(e)(1)
In a deferral state like Missouri, in order to preserve a Title VII claim, a charge must be filed within 300 days after the alleged unlawful employment practice. ... Golleher's Charge filed on January 7, 1998 is within the 300 day filing period.Read the full opinion on CourtListener →
The 180-day period for filing an EEOC charge based on termination begins when the employee receives definite notice of termination.
Stewart v. Booker T. Washington Insurance, Booker T. Washington Broadcasting Company · filed 2000-11-21(e)(1)
Quite simply, the 180-day charge filing period does not run until the plaintiff is told that she is actually being terminated, not that she might be terminated if future contingencies occur.Read the full opinion on CourtListener →
In Kansas, a Title VII plaintiff must file an EEOC charge within 300 days of the challenged act.
Kayhill v. Unified Government · filed 2000-11-21(e)(1)
Plaintiff filed her EEOC charge on August 5, 1998, which makes her charge timely with respect to acts which occurred after October 10, 1997. Plaintiffs allegations concerning the removal of her religious items and harassment by Vallejo and Hall occurred before October 10, 1997 and are thus time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a sexual harassment claim when the last alleged harassment occurred more than 300 days before the charge was filed.
Mroczek v. Bethlehem Steel Corp. · filed 2001-01-02(e)(1)
Given that the last occurrence of harassment of which Plaintiff complains occurred more than 300 days before she filed her Charge of Discrimination, we thus can reach no other conclusion but that her claims of sexual harassment for Mark Reid’s verbal remarks to her and for the corporate defendant’s toleration of Reid’s actions after she complained, are time-barred.Read the full opinion on CourtListener →
In a state with an administrative process for discrimination complaints, the ADA incorporates the 300-day deadline for filing an EEOC charge under § 2000e-5(e)(1).
Gray v. Sears, Roebuck & Co., Inc. · filed 2001-01-05(e)(1)
Since Texas provides a state administrative mechanism to address complaints of discrimination, both the ADA and the ADEA require Gray to file a charge of discrimination with the EEOC within three hundred days of the alleged violation.Read the full opinion on CourtListener →
A continuing violation under § 2000e-5(e)(1) requires proof of a discriminatory act within the charge-filing period.
Viswanathan v. Leland Stanford Junior University · filed 2001-01-09(e)(1)
Either way, plaintiff must establish that the discriminatory practice or acts occurred, at least in part, during the limitation period. ... Viswanathan fails to provide evidence of any discriminatory act during the limitation period or of a “continuing” relationship between alleged acts.Read the full opinion on CourtListener →
Section 2000e-5(e) imposes a 300-day charge-filing period for Title VII claims in this setting.
Hildebrandt v. Illinois Department of Natural Resources · filed 2001-02-20(e)
Hildebrandt’s Title VII claim is limited to the 300 day period immediately preceding the day on which she filed the charge of discrimination. 42 U.S.C. § 2000e-5(e).Read the full opinion on CourtListener →
Section 2000e-5(e) bars ADA employment claims based on acts outside the applicable EEOC charge-filing period.
Ortiz v. Fajardo · filed 2001-02-22(e)
The events that took place between 1993 through 1998, fall outside the three hundred day time period allowed by the statute for filings with either the EEOC or the available state agency.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discrimination charge to be filed with the EEOC within 300 days of the alleged unlawful act.
Ratts v. Board of County Com'rs, Harvey County, KS · filed 2001-03-28(e)
According to 42 U.S.C. § 2000e-5(e), a charge of discrimination must be filed with the EEOC within 300 days of the alleged unlawful act.Read the full opinion on CourtListener →
Section 2000e-5(e)'s 180-day EEOC filing deadline, incorporated into the ADA, bars claims based on discrimination that occurred before the filing period.
Rivera v. Apple Industrial Corp. · filed 2001-03-30(e)
Under the ADA, a plaintiff's claims for discrimination are time-barred if they are not filed with the EEOC within 180 days of the alleged discriminatory actions.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a plaintiff to file an EEOC charge within 180 days of the alleged discriminatory act.
Lewis v. Waste Management of Mississippi, Inc. · filed 2001-03-30(e)
Pursuant to Title 42 U.S.C. § 2000e-5(e), a plaintiff must file a complaint with the EEOC within 180 days after the alleged discriminatory act has occurred. Timely filing of charge with EEOC is a prerequisite to maintenance of a Title VII suit.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; the applicable filing period here was 300 days after the alleged discrimination.
Allen v. Chicago Transit Authority · filed 2001-04-06(e)(1)
Under Title VTI, Allen and Burnette’s right to sue in this court depends first on filing a timely charge of discrimination with the EEOC. 42 U.S.C. § 2000e-5(e)(1), (f)(1). They were required to file their charge within 300 days of the alleged discrimination. ... The CTA did not waive the 300-day limitation. That date would fall in December 1996 because Allen and Burnette did not file their EEOC and IDHR charges until October 1997.Read the full opinion on CourtListener →
In a deferral state, a Title VII charge must be filed within 300 days of the alleged unlawful action.
O'Neill v. Indiana Commission on Public Records · filed 2001-04-17(e)(1)
In Indiana, a deferral state, the charge must be filed within 300 days of the alleged unlawful action. ... Therefore, O’Neill’s charge of gender discrimination is untimely, and her subsequent claim in this court is barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(2) allows a claim challenging an intentionally discriminatory seniority system when an employee becomes subject to it or is injured by its application.
Casillas v. Federal Express Corp. · filed 2001-05-02(e)(2)
According to § 2000e-5(e)(2), in respect to a facially neutral seniority system that has been adopted for an intentionally discriminatory purpose, an unlawful employment practice occurs when the individual becomes subject to the seniority system, or is injured by its application.Read the full opinion on CourtListener →
Section 2000e-5(e)'s 300-day period for filing an EEOC charge begins when the employee learns of the adverse decision, even if its effects occur later.
Shelton v. Ernst & Young, LLP · filed 2001-05-03(e)
The critical date—that starts the 300 day clock ticking—is when Plaintiff learned about the adverse decision, and not when the financial consequences (such as being taken off the payroll) are felt, or when the termination becomes effective.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) required the Title VII discrimination and retaliation charges at issue to be filed with the EEOC within 300 days of the alleged unlawful employment practice.
Sahu v. Mayo Foundation · filed 2001-05-16(e)(1)
We agree with the Court that his claims under Title VII, the ADA, and the ADEA were time-barred, see 42 U.S.C. § 2000e-5(e)(1) (requiring Title VII retaliation and race and national-origin discrimination claims be filed with EEOC within 300 days after alleged unlawful employment practice); 42 U.S.C. § 12117(a) (applying § 2000e-5 procedures to ADA charges); 29 U.S.C. § 626(d)(2) (300-day filing requirement under ADEA); Dring v. McDonnell Douglas Corp., 58 F.3d 1323, 1327-28 (8th Cir. 1995) (accrual date is date when adverse employment action is communicated to plaintiff); and that he was not entitled to an equitable modification of the limitations period, see Lawrence v. Cooper Communities., Inc., 132 F.3d 447, 451 (8th Cir. 1998) (equitable tolling); Beshears v. Communications Servs., Inc., 930 F.2d 1348, 1351 (8th Cir. 1991) (same); Dring, 58 F.3d at 1329 (equitable estoppel); Conner v. Reckitt & Colman, Inc., 84 F.3d 1100, 1102 (8th Cir. 1996) (continuing violation).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally bars claims based on discriminatory acts that occurred more than 300 days before a charge was filed with a state agency.
Browne v. New York State Office of Mental Health · filed 2001-05-17(e)(1)
The District Court correctly determined that the majority of the allegations in Ms. Browne’s complaint, including her failure to promote claim, were time-barred because the discriminatory acts she alleged occurred more than 300 days prior to her having filed a complaint with the New York State Division of Human Rights.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a sexual harassment charge to be filed with the EEOC within 180 days of the alleged harassment.
Grandquest v. Mobile Pulley & MacHine Works, Inc. · filed 2001-06-06(e)(1)
To successfully maintain a sexual harassment action under Title VII, a discrimination charge must be filed with the E.E.O.C. within 180 days from the date the alleged harassment occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file a discrimination charge with the EEOC within 300 days of the alleged discriminatory act.
Yobo v. New York State Facilities Development Corp. · filed 2001-06-26(e)(1)
Title VII requires a plaintiff to file a charge of discrimination with the EEOC within 300 days of the alleged act of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on events more than 300 days before the claimant filed charges with the CHRO and EEOC.
Parmlee v. Connecticut Department of Revenue Services · filed 2001-08-23(e)(1)
Even if these allegations stated a viable claim under Title VII, the Court holds the claims are time-barred because the events giving rise to these claims occurred more than 300 days before Parmlee filed his claims with the CHRO and EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discrimination charge to be filed with the EEOC within 300 days of the alleged unlawful act.
Rando v. Texaco Refining and Marketing Inc. · filed 2001-08-31(e)
Plaintiff filed his original claim of discrimination jointly with the EEOC/KHRC on July 1, 1997. The court will only consider events occurring 300 days prior to the EEOC/KHRC filing.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged discrimination; earlier acts may be timely under a continuing-violation theory if a related act occurs within that period.
Rivera-Rodríguez v. Frito Lay Snacks Caribbean, a Division of Pepsico Puerto Rico, Inc. · filed 2001-09-10(e)(1)
Under Title VII, the ADEA, and the ADA, a plaintiff must file an employment-discrimination charge with the EEOC within 300 days of the alleged discrimination.Read the full opinion on CourtListener →
In a deferral state, an employee has 300 days after an alleged unlawful employment practice to file an EEOC charge.
Harris v. State Farm Fire & Casualty Co. · filed 2001-09-13(e)(1)
The EEOC charge must be filed within 300 days from the date the unlawful employment practice occurred. ... Thus, any claims regarding employment actions occurring prior to August 11, 1998, are time-barred and are hereby DISMISSED.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discriminatory acts occurring more than 300 days before an EEOC charge is filed, unless an applicable exception applies.
Alfieri v. SYSCO Food Services-Syracuse · filed 2001-09-14(e)(1)
Therefore, any claims based on events occurring prior to December 18, 1998 are time-barred, unless an appropriate defense is applicable.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a 180-day period for filing an EEOC charge after alleged discrimination.
Conto v. Concord Hospital, Inc. · filed 2001-09-20(e)(1)
Although her claim was subject to the 180-day EEOC filing requirement, see supra note 2, Conto deferred filing her EEOC charge for 176 days. Thus, she concedes that only her final four days on the job are material to her appeal.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 180 days when the state agency lacks jurisdiction over the employer, even in a deferral state.
Moore v. Dartmouth College · filed 2001-09-28(e)(1)
In this case, however, the provisions of the Worksharing Agreement are not at issue, since NHCHR’s jurisdiction does not extend to educational or non-profit organizations, like Dartmouth. See N.H. Rev. Stat. Ann. § 354- A:2 VII. Consequently, the administrative filing deadline in this case was limited to 180 days.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 challenged discriminatory act.
Pierce Daniels v. American Postal Worker Union · filed 2001-10-05(e)
She had 300 days from the ... challenged discriminatory acts to file her EEOC charges.Read the full opinion on CourtListener →
Section 2000e-5(e) generally requires a plaintiff to file an EEOC charge within 180 days of the discriminatory act.
Geer v. Marco Warehousing, Inc. · filed 2001-10-16(e)
Title VII permits a plaintiff to seek recourse in a federal court only if she first files a charge of discrimination with the EEOC within 180 days after the allegedly discriminatory act occurred. 42 U.S.C. § 2000e-5(e). A plaintiff is procedurally barred from seeking a remedy with respect to acts which occurred more than 180 days prior to filing a charge.Read the full opinion on CourtListener →
In a state with an anti-discrimination law, § 2000e-5(e)(1) allows 300 days after an alleged unlawful employment practice to file an EEOC charge.
Cardenas v. Jon Massey James Rebo Robert Lipscher James Ciancia Deborah Poritz State of New Jersey · filed 2001-10-16(e)(1)
In fact, because New Jersey has an anti-discrimination law, a claim must be presented to the EEOC within 300 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) provides a 300-day period for filing an EEOC charge in states with a work share agreement between the state agency and the EEOC.
Beck v. Boeing Co. · filed 2001-10-19(e)(1)
However, in those states where there is a work share agreement between the state agencies and the EEOC (as is the case with these plaintiffs), the statute of limitations extends to 300 days prior to the filing of the earliest administrative charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) extends the EEOC charge filing period from 180 to 300 days when proceedings are instituted with an authorized state or local agency.
Jackson v. University of Texas M.D. Anderson Cancer Center · filed 2001-10-30(e)(1)
Jackson filed a charge of discrimination with the EEOC on July 14, 2000. Under the terms of the EEOC/TCHR Agreement, the charge is deemed also filed with the TCHR. Thus, the 300 day rule will be applied.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge to be filed with the EEOC within 180 days of the alleged misconduct.
Tayn v. Kidde · filed 2001-10-30(e)
However, the second EEOC charge was filed more than 180 days after the alleged discriminatory conduct, and no right to sue letter has been issued. Title VII requires charges to be filed with the EEOC within 180 days of the alleged misconduct. 42 U.S.C. § 2000e-5(e) (West 2001). Therefore, the claims of age discrimination and retaliation described in the second EEOC charge will be dismissed for failure to exhaust administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely administrative charge before a Title VII suit, subject to equitable modification.
Camacho v. Cutler Hammer of Puerto Rico · filed 2001-11-09(e)(1)
Plaintiff brings federal claims under ADEA and Title VII. Both of these statutes require plaintiff to first bring a timely administrative claim before filing in federal court.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a New York Title VII plaintiff to file an EEOC charge within 300 days of the alleged unlawful act.
Nonnenmann v. City of New York · filed 2001-11-26(e)(1)
In order to sue under Title VII, a party in New York must first file a complaint with the EEOC within 300 days of the alleged unlawful act.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an employee to file an EEOC charge within 180 days of the alleged discriminatory or harassing conduct.
Delk v. ArvinMeritor, Inc. · filed 2002-01-02(e)
The facts underlying Plaintiff’s claims for sexual harassment occurred more than 180 days before she filed her EEOC charge. 42 U.S.C. § 2000e-5(e). Consequently, these claims are time barred and are dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an Illinois employee to file an EEOC charge within 300 days of the challenged conduct.
Broadwater v. Heidtman Steel Products, Inc. · filed 2002-01-09(e)(1)
Therefore, the suit before this Court encompasses actions taken by Defendants within 300 days prior to September 7, 2000 (the date Broadwater filed the EEOC charge from which he timely filed suit herein).Read the full opinion on CourtListener →
Section 2000e-5(e)'s 180- or 300-day filing period may be extended under the continuing violation doctrine until the last act in a series constituting an unlawful employment practice.
Frank v. Plaza Construction Corp. · filed 2002-02-21(e)
The strict application of the 180 or 300 day period is subject to the continuing violation doctrine which, in appropriate circumstances, delays the start of the period until the last act in a series constituting an unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a New York Title VII claimant to file a charge with the EEOC or dual-file with the NYSDHR within 300 days of the alleged discriminatory act.
Little v. National Broadcasting Co., Inc. · filed 2002-04-22(e)(1)
In New York, Title VII claims must be filed with the EEOC or dual-filed with the NYSDHR within 300 days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)’s charge-filing deadline is not extended by the continuing violation doctrine when the plaintiff alleges unrelated acts rather than a discriminatory policy or practice.
Figueroa v. City of New York · filed 2002-04-24(e)
Because plaintiff has not alleged a specific discriminatory policy or practice, but rather alleges multiple unrelated acts, and offers no compelling circumstances that would warrant application of the continuing violation doctrine, the doctrine does not apply.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 180 days of the alleged unlawful event.
West v. MS Dept Pub Safety · filed 2002-05-23(e)(1)
A Title VII claimant must file a charge of discrimination with the EEOC within 180 days of the alleged unlawful event. 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e) generally requires a Title VII claimant to file an EEOC charge within 180 days of the alleged unlawful employment practice.
Bryant v. City of Blackfoot · filed 2002-05-31(e)
As a general rule, a claimant must file a discrimination charge with the EEOC within 180 days after the alleged unlawful employment practice occurred. ... In this case, Bryant did not file a charge with either the EEOC or with the Idaho Human Rights Commission. Therefore, because she failed to exhaust her administrative remedies, the district court correctly dismissed her Title VII claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1), as applied to this ADA claim, requires an EEOC charge within 300 days of the alleged discriminatory action before suit.
Simmons v. Moodt · filed 2002-06-10(e)(1)
A prerequisite to the filing of a complaint under the ADA is the filing of a discrimination claim with the EEOC within 300 days of the allegedly discriminatory action.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; the court applied a 300-day filing period to the alleged discrimination.
Nielsen-Allen v. Industrial Maintenance Corp. · filed 2002-06-25(e)(1)
Any unlawful employment practices by HOVIC that occurred within 300 days of Plaintiff filing her charge are actionable. ... Thus, Plaintiff’s Title VII claim against HOVIC for HOVIC’s conduct before HOVENSA, LLC took over the refinery is untimely.Read the full opinion on CourtListener →
Section 2000e-5(e) allows a 300-day period to file an EEOC charge in a deferral state when the claimant has also filed with an authorized state agency.
Ward v. Florida · filed 2002-07-12(e)
Plaintiff filed her charge with both agencies, and therefore she is afforded the extended 300 day period.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an ADA claimant to file an administrative charge within 300 days of the alleged discriminatory act.
Praseuth v. Newell-Rubbermaid, Inc. · filed 2002-07-18(e)
The court concludes, for purposes of summary judgment, that the allegedly unlawful employment action did not occur until plaintiff was terminated in January 2000 and plaintiff could not have been expected to file an administrative claim until after that time.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a claim based on a discrete discriminatory or retaliatory act when the EEOC charge is filed more than 300 days after the act.
Henderson v. Montgomery County, Kansas, Board of County Commissioners · filed 2002-07-19(e)(1)
Bearing these rules in mind, only those acts that occurred no more than 300 days before June 29, 2000, the day that plaintiff filed her charge, are actionable. Thus, plaintiffs claims concerning her transfer and her placement on probationary status-both of which occurred on March 27, 1999-are not actionable.Read the full opinion on CourtListener →
In a deferral state, § 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged discriminatory conduct.
Karim v. Staples, Inc. · filed 2002-07-23(e)(1)
In Maryland, a deferral state, a Title VII charge of discrimination must be filed with the EEOC within 300 days of the alleged discriminatory conduct. 42 U.S.C. § 2000e-5(e)(l). ... Thus, plaintiff plainly did not file timely charges with respect to those incidents.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the challenged act; equitable tolling does not apply when the claimant was aware of the alleged acts.
Lee v. Indiana Department of Corrections · filed 2002-08-07(e)(1)
Pursuant to Title VII, Lee was required to file her claim with the EEOC within 300 days after the acts about which she complained. ... However, tolling is not proper in this case because Lee clearly was aware (and in fact filed formal complaints of sexual harassment with the DOC) of the discrete acts of alleged harassment that occurred before October 3, 1998.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days of an alleged discriminatory act, subject to the continuing violation doctrine.
Arnold v. Janssen Pharmaceutica, Inc. · filed 2002-08-09(e)
Filing a charge with the Equal Employment Opportunity Commission within 300 days of an alleged discriminatory act is a prerequisite to bringing a Title VII or ADA claim. ... Even here, dismissal for untimeliness would be inappropriate. Arnold may well be able to adduce facts consistent with her complaint to show that the sexual harassment and failure to accommodate claims are based on “continuing violations.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of a discriminatory act.
Baker v. John Morrell & Co. · filed 2002-08-13(e)(1)
A party initiating a claim under Title VII must first exhaust her administrative remedies by filing a charge with the EEOC within 300 days of the discriminatory act or occurrence.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee to file a discrimination charge within 300 days of the alleged unlawful employment practice.
Donahoo v. Ohio Department of Youth Services · filed 2002-08-26(e)(1)
Title VII requires an employee to file a charge with the EEOC within 300 days of the alleged unlawful employment practice. ... Plaintiff did not file a charge with the EEOC or Ohio Civil Rights Commission within 300 days of either the promotion of Trowbridge, Needham, or Lee Williams.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits consideration of related acts in a constructive discharge claim when at least one act falls within the 300-day charge-filing period.
Chavera v. Victoria Independent School District · filed 2002-08-28(e)(1)
Therefore, also like a hostile work environment claim, the Court finds that a constructive discharge claim is comprised of a series of separate acts that collectively constitute one “unlawful employment practice,” for purposes of the charge filing requirement of Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed with the EEOC or a state agency within 300 days of the alleged act; otherwise, the claim is time-barred.
Johnson v. Buffalo Police Department · filed 2002-09-06(e)(1)
Title VII requires an aggrieved party to file a charge of discrimination with either the Equal Employment Opportunity Commission or New York State Division of Human Rights (“NYSDHR”) within 300 days of the alleged act of discrimination; the failure to do so will result in the claims being time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)’s 300-day period for filing an EEOC charge begins when the employee is notified of the adverse employment decision.
Juniel v. Park Forest-Chicago Heights · filed 2002-09-19(e)
The 300-day statute of limitations begins to run on the date that the employee is notified of the adverse employment decision.Read the full opinion on CourtListener →
In a state with an agency authorized to handle discrimination charges, a plaintiff must file a Title VII charge within 300 days of the alleged unlawful employment practice, including conduct alleged to breach an EEOC settlement agreement.
Kinley v. Norfolk Southern Railway Co. · filed 2002-09-26(e)(1)
However, Plaintiff did not file his next EEOC charge until January 19, 1993, more than 300 days after these alleged actions. Even reading the EEOC/KCHR charges together and liberally, therefore, they cannot preserve the allegations originally raised in Plaintiffs 1988 EEOC charge because Plaintiff failed to make the Railroad’s alleged breach of the settlement agreement the subject of a timely administrative charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; each discriminatory paycheck gives rise to a separate claim, so the continuing violation doctrine does not save pay claims outside the 300-day filing period.
Quarless v. Bronx-Lebanon Hospital Center · filed 2002-09-27(e)(1)
Because each paycheck that the Plaintiff received was an (alleged) immediate and individual wrong which gave rise to a separate disparate pay claim, the Plaintiff cannot use the continuing violation doctrine to render timely any disparate pay violations which occurred outside the 300 day statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discrete acts outside the 300-day EEOC charge filing period when no continuing violation applies.
Bernstein v. the MONY Group, Inc. · filed 2002-10-17(e)(1)
All of the alleged retaliatory acts that occurred before April 30, 1999, i.e. in alleged retaliation for Plaintiffs attempts to recruit and mentor women at MONY, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims when an employee fails to file an EEOC charge within 300 days of termination or resignation.
Velez v. QVC, Inc. · filed 2002-10-30(e)(1)
Because plaintiffs Reynolds, Minott-Talley and Ramirez-Crane did not file charges with the EEOC within 300 days of their termination or resignations, their claims are barred.Read the full opinion on CourtListener →
In a deferral state, a Title VII discrimination claim must be filed with the EEOC within 300 days of the alleged act unless a continuing violation extends the filing period.
Kimble v. Georgia Pacific Corp. · filed 2002-11-07(e)(1)
Defendant Corporation’s Motion for Summary Judgment is therefore granted with respect to the Title VII sex discrimination claim with regard to: (1) the November 1998 suspension; (2) the 1998 unsatisfactory evaluation with minimal pay increase; and (5) disparate treatment of Plaintiff relative to Greg Stephens from 1995 to 1998 not involving his pay, as these events are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of the alleged unlawful employment practice, or within 300 days if the claimant first files with an appropriate state agency.
Briggs v. New York State Department of Transportation · filed 2002-11-12(e)(1)
Although plaintiffs charge of discrimination lists the NYSDHR as the state agency, there is no indication in her Complaint, the charge itself or elsewhere that she filed it with the NYSDHR. ... Accordingly, the only timely allegations are those unlawful employment practices that occurred after September 28, 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives New York claimants 300 days to file an EEOC charge after an alleged unlawful employment practice.
Staff v. Pall Corp. · filed 2002-11-13(e)(1)
In this case, Staff filed a complaint with the EEOC on November 25, 1998. Therefore, in the absence of any applicable exception to the filing deadline, any claims brought under Title VII that accrued before January 29, 1998 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 180-day deadline for an EEOC charge begins to run on a constructive discharge claim when the employee communicates a resignation.
Scott v. Lee County Youth Development Center · filed 2002-11-14(e)(1)
This reasoning, along with the uniform position of the other federal courts that have addressed this issue, persuades the court to adopt the rule that the EEOC filing deadline begins to run in a constructive discharge case on the date the employee communicates his resignation, not on the employee’s final day of work.Read the full opinion on CourtListener →
Section 2000e-5(e) allows 300 days to file a charge in a deferral state; earlier hostile-environment acts may support liability only if a contributing act occurred within that period.
Paquin v. MBNA Marketing Systems, Inc. · filed 2002-11-22(e)
Rather, pursuant to Morgan, a plaintiffs untimely allegations may be considered for the purposes of determining liability only if an act contributing to the hostile environment claim occurs within the filing period. ... As such, Plaintiffs entire claim is time-barred.Read the full opinion on CourtListener →
When incorporated into the ADA, § 2000e-5(e) requires an employee to file a discrimination charge within 300 days of learning of the alleged discriminatory act.
Ramirez v. City of San Antonio · filed 2002-11-26(e)
Under the ADA, a plaintiff must file a charge of discrimination within 300 days of the alleged discriminatory act. 42 U.S.C. § 12117 (incorporating 42 U.S.C. § 2000e-5(e)). ... Because he filed his charge over 300 days after he was informed of the alleged discriminatory act, his claim is untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars discrimination claims based on acts outside the applicable EEOC charge filing period.
Dorrilus v. St. Rose's Home · filed 2002-12-02(e)(1)
Plaintiffs claim that Defendant failed to hire him as a nursing assistant on June 28, 1995 is time-barred. Plaintiffs Opposition at 6. Plaintiff filed his EEOC Charge on July 29, 1997. Acts or events that occurred before October 3, 1996, such as those related to Plaintiffs hiring, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of a discrete unlawful employment act.
Thomas v. Alabama Council on Human Relations, Inc. · filed 2003-01-15(e)(1)
Consequently, a plaintiff can only litigate his claims arising out of a demotion, a disciplinary action such as probation, or the termination of his employment if he made a proper complaint to the EEOC within 180 days of each discrete event.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) treats an employer’s rejection of a proposed religious accommodation as a discrete act subject to the 300-day EEOC charge deadline.
Elmenayer v. Abf Freight System, Inc · filed 2003-01-22(e)(1)
Rather, the rejection is the sort of “discrete act” that must be the subject of a complaint to the EEOC within 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a claimant to file an EEOC charge within 180 days of the alleged harassment.
Sutton v. Zemex Corp. · filed 2003-03-28(e)
Plaintiffs allegations involving sexually harassing behavior by Fred Dalrymple are barred as untimely under 42 U.S.C. § 2000e-5(e).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in Puerto Rico to file an EEOC charge within 300 days of a discriminatory act.
Serrano-Nova v. Banco Popular De Puerto Rico, Inc. · filed 2003-03-31(e)(1)
For her claim to be timely, Plaintiff must allege that a discriminatory act occurred in the three hundred period prior to the date she filed her complaint.Read the full opinion on CourtListener →
Section 2000e-5 requires a discrimination charge to be filed within 300 days of the discriminatory act.
Benge v. General Motors Corp. · filed 2003-03-31(e)(1)
Title VII requires that the victim of discrimination file a charge of discrimination within 300 days of the discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on events more than 180 days before an EEOC charge is filed.
Cooper v. Southern Co. · filed 2003-03-31(e)(1)
Any claims under Title VII based on alleged events that occurred more than 180 days before the filing of an EEOC charge are barred by the applicable statute of limitations. 42 U.S.C. § 2000e-5(e)(1); Stewart, 232 F.3d at 848. Plaintiff did not file an EEOC charge himself but apparently intends to “piggy-back” on the EEOC charge filed on July 21, 2000, by co-plaintiff Michael Edwards. Because none of the acts about which Plaintiff complains occurred on or after January 24, 2000, Plaintiff fails to state a claim under Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)’s EEOC charge-filing deadline cannot be bypassed through the single filing rule or continuing violation doctrine to revive former employees’ expired claims.
Lumpkin v. Coca-Cola Bottling Co. United, Inc. · filed 2003-03-31(e)
Nevertheless, the court is persuaded that despite the possible relevance of the continuing violation doctrine to the claims of the named plaintiffs and certain members of the prospective class, neither that doctrine, nor the “single filing rule,” could operate to revive the claims of prospective class members whose employment with Coca-Cola terminated prior to the limitations period.Read the full opinion on CourtListener →
In Texas, a claimant must file an EEOC charge within 300 days of the alleged discriminatory act, subject to an exception to the limitations period.
Burrell v. Crown Central Petroleum, Inc. · filed 2003-04-02(e)(1)
Counting back 300 days from May 27, 1997, the date for determining whether any alleged discrimination is timely is August 1, 1996. Therefore, without the application of some exception to the statute of limitations, events occurring prior to August 1, 1996 are barred by limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of the alleged discriminatory act.
Robertson v. Sikorsky Aircraft Corp. · filed 2003-04-09(e)(1)
The Court agrees with Sikorsky that Prioleau’s claims of discriminatory hiring are barred by the 300-day limitations period of Title VII, 42 U.S.C. § 2000e—5(e)(1), since Prioleau’s charge of discrimination was not filed with the Equal Employment Opportunity Commission until June 24, Í997.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge when the charge is filed with a state or local agency.
Nawrot v. CPC International · filed 2003-04-23(e)(1)
Where filed with a state or local agency, a plaintiff must file a charge with the EEOC within 300 days of the alleged discriminatory activity. ... Nawrot filed his EEOC charge on October 23, 1998 and he was denied requested accommodations within the prior 300 day period. ... Therfore, Nawrot has alleged discrimination by his employer during the 300-day period and his claim is not time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge to be filed within 180 days of the allegedly discriminatory conduct.
Jenkins v. Trustees of Sandhills Community College · filed 2003-04-25(e)(1)
The EEOC charge must be filed within 180 days of the occurrence of the allegedly discriminatory conduct. 42 U.S.C. § 2000e-5(e)(l) (1994). ... As a result, Ms. Jenkins’ EEOC charge with respect to these incidents was not timely filed, and her Title VII claim regarding these incidents must be DISMISSED.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a charge when a work-sharing agreement makes an EEOC filing an initial filing with a qualifying state agency.
MILLAGA v. City of Sioux City · filed 2003-04-25(e)(1)
Therefore, Millage’s administrative charge was “initially filed” with the ICRC within the 300-day limitations period, and was timely, even though his charge was actually filed first with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e) bars Title VII claims based on discriminatory acts outside the charge-filing period.
Huynh v. Damota · filed 2003-04-25(e)
However, even were we to assume that each of the foregoing constituted an adverse employment action, Huynh cannot maintain a claim of discrimination based on any of these actions because all of them took place in January 1999, well outside the applicable limitations periods discussed supra in n. 1 & 2, and are therefore time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) limits challenges to discrete discriminatory acts that occurred within 300 days before the EEOC charge was filed.
Green v. Maricopa County Community College School District · filed 2003-05-14(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1) and National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 2072, 153 L.Ed.2d 106 (2002), Plaintiff may only challenge discrete acts of discrimination which took place within 300 days of filing the EEOC complaint, meaning acts that took place after April 25, 1998.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day deadline for filing an administrative charge is not tolled solely because the claimant was a minor.
Ashton Ex Rel. Ashton v. Okosun · filed 2003-05-28(e)(1)
Since the statute of limitations was not tolled during Plaintiffs minority, her Title VII claims must be dismissed for failure to file an administrative charge within the 300-day period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff who files with both the EEOC and a state agency to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Doan v. NSK CORP. · filed 2003-06-09(e)(1)
When, as here, a Title VII plaintiff instituted proceedings with the EEOC and a state agency, the plaintiff must file the EEOC charge within 300 days of the alleged unlawful employment practice. ... Therefore, on its face, Plaintiffs EEOC charge is untimely in that Plaintiff missed the 300-day deadline by more than three years.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant in a deferral state to file a discrimination charge within 300 days of the alleged unlawful act.
Hernandez v. Data System International Inc. · filed 2003-06-10(e)
In light of Morgan, the applicable limitation period bars Mr. Hernandez’s Title VII discrimination claims based on DSI’s acts that occurred prior to December 20, 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a Title VII charge filed within 300 days after the employer informs the employee that it will not remedy the alleged discrimination.
Walsh v. National Computer Systems, Inc. · filed 2003-06-23(e)(1)
The district court found that Walsh filed a charge of discrimination with the EEOC on August 18, 1999, within 300 days after NCS informed her that it would not attempt to modify Mickelson’s conduct. We agree with the district court that there was no violation of 42 U.S.C. § 2000e-5(e)(1). Walsh’s pregnancy discrimination and retaliation claims under Title VII were properly before the district court.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 alleged discriminatory act or the claim is time-barred.
Murphy v. Board of Education of the Rochester City School District · filed 2003-07-10(e)
Under Title VII, a claimant must file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days after, the alleged discriminatory event. ... Since plaintiffs- suspension occurred in October 1998, it is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day EEOC charge deadline is subject to equitable tolling, but a claimant must act with reasonable diligence to obtain it.
Zerilli-Edelglass v. New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority · filed 2003-07-29(e)(1)
The filing deadline for the formal complaint is not jurisdictional and, like a statute of limitations, is subject to equitable tolling. ... Accordingly, the District Court did not abuse its discretion in concluding that equitable tolling is not warranted in this case.Read the full opinion on CourtListener →
Section 2000e-5(e)’s 300-day filing period is satisfied when a short form complaint is filed within 300 days of the alleged discriminatory act.
Verdecchia v. Douglas A. Prozan, Inc. · filed 2003-07-30(e)
With regard to the claim of unlawful demotion asserted under the ADA, however, we note that in light of the April 1, 1996 short form complaint that this claim was timely filed within 300 days of September 29, 1995.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge alleging a discriminatory failure to promote to be filed within 300 days when the charge is cross-filed with a state agency.
Ryan v. General MacHine Products · filed 2003-08-21(e)
Plaintiff had 300 days from the time of each allegedly discriminatory failure to promote in which to file her charge under Title VII and 180 days from the time of the promotions in which to file her charge under the PHRA. Plaintiff filed her charge of discrimination with the EEOC on November 14, 2000, where it was deemed cross-filed with the PHRC. (Pl.’s Compl. ¶ 14). Therefore, alleged acts of discrimination that occurred before January 18, 2000 are time-barred under Title VII, and alleged acts of discrimination that occurred before May 18, 2000 are time-barred under the PHRA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely discrimination charge; separate promotion denials outside the filing period are barred unless a continuing violation is established.
Alungbe v. BOARD OF TRUSTEES OF CONN. STATE UNIV. · filed 2003-09-04(e)(1)
Title VII requires that, before bringing suit under the statute, a plaintiff must first file a complaint with the EEOC or with a state equal employment agency within 180 or 300 days, respectively, of the alleged discrimination. See 42 U.S.C. § 2000e-5(e)(1); Quinn v. Green Tree Credit Corp., 159 F.3d 759, 765 (2d Cir. 1998). ... Because a continuing violation has not been established, any of the plaintiff's claims that occurred more than 300 days prior to August 1, 2000 are beyond the limitations period of Title VII. Therefore, all claims relating to promotional decisions made prior to October 6, 1999 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge challenging a discrete discriminatory act to be filed within the applicable period, here at most 300 days after the act.
Staff v. Pall Corp. · filed 2003-09-04(e)(1)
Staff had at most 300 days after the alleged unlawful employment practice occurred to file an employment discrimination charge with the Equal Employment Opportunity Commission ("EEOC”). See 42 U.S.C. § 2000e-5(e)(l). Staff filed his complaint with the EEOC on November 25, 1998. Thus, even if Staff's removal from the 20 NM Project occurred at the end of 1997, it would still be time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an employee to file an EEOC charge within 180 days of notice of an adverse employment decision.
Williamson, Caroline v. Indiana University · filed 2003-09-23(e)
Here, Williamson’s charge was untimely because she learned on May 7, 1998, that she would not be reappointed, but she did not file an EEOC charge until May 5, 1999.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a discrimination charge to be filed within 180 days after the alleged discriminatory act.
Gardner v. National Airlines, Inc. · filed 1977-05-17(e)
This court previously concluded that plaintiffs Gardner, White and Leonard each filed her charge of discrimination within the 180 day period following the occurrence of the allegedly discriminatory act. 42 U.S.C. § 2000e-5(e).Read the full opinion on CourtListener →
Section 2000e-5(d) bars liability for discriminatory acts outside the charge-filing period, even when their effects continue through a neutral practice.
Dickerson v. United States Steel Corp. · filed 1977-07-25(d)
Therefore, it is clear to this Court that any action, not within the statute of limitations period established for the class, cannot serve as a basis of liability, whether it be pre-Act or post-Act.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely EEOC charge before a Title VII claim may be brought in federal court.
Strozier v. General Motors Corp. · filed 1977-12-22(e)
Accordingly, because the filing of a charge of discrimination within the statutory period is a jurisdictional prerequisite for bringing a Title VII action to federal court, plaintiff’s Title VII claim grounded on the alleged discriminatory discharge of August 20, 1970, should be and is hereby dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e) bars Title VII claims arising more than 300 days before an EEOC charge is filed.
Kuck v. Berkey Photo, Inc. · filed 1979-03-12(e)
The second area concerns when charges were filed with the Equal Employment Opportunity Commission for purposes of the statute of limitations. 42 U.S.C. § 2000e-5(e) (claims arising more than 300 days prior to filing are time-barred). Defendant’s position is supported on this point by the affidavit of the New York District Director for the EEOC providing the dates on which plaintiffs’ charges were received by his office.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 discrimination.
Westry v. North Carolina AT & T State University · filed 2003-09-25(e)(1)
Westry filed his EEOC charge on December 14, 2000; thus, the events at issue must have occurred after February 2000. ... Thus, by failing to respond, Westry concedes that the 1999 hirings are acts outside of the statutory limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day charge-filing deadline permits consideration of earlier acts in a hostile work environment claim when they are related to an act within the filing period.
Gibson v. Crucible Materials Corp. · filed 2003-11-07(e)(1)
Under National R.R., a plaintiffs allegations of harassment are only time-barred if they are unrelated and do not form part of a hostile working environment.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a charge to be filed within 300 days of a discrete discriminatory act to preserve a Title VII claim based on that act.
Delrio v. University of Connecticut Health Care · filed 2003-12-01(e)
Plaintiff would have had to file a charge with the CHRO within 300 days in order to maintain her claim that she was denied a promotion in either 1995 or 1996. ... It is clear that plaintiffs denial of a promotion to Medical Technician during the Health Center’s reorganization of the Emergency Room in 1995 and her lateral transfer to the ENT Clinic in 1996 constitute separate and discrete acts. Thus, plaintiffs claims are untimely and no longer actionable.Read the full opinion on CourtListener →
Section 2000e-5(e)’s charge-filing deadline may be equitably tolled when a diligent employee could not obtain information needed to suspect discrimination and files within a reasonable time after obtaining it.
Ferrill v. City of Milwaukee · filed 2003-12-15(e)
In order to bring a Title VII action in federal court, a Wisconsin plaintiff must file a charge of discrimination with the EEOC or the state Equal Rights Division (“ERD”) within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e~5(e). ... Taking these allegations in the light most favorable to him, plaintiff alleges that despite the exercise of due diligence, he could not obtain information necessary to determine whether his firing might have violated Title VII until August 1991, and the charge was filed within a reasonable time thereafter. This is sufficient to invoke the doctrine of equitable tolling.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days after the alleged unlawful employment practice occurred.
Persik v. Manpower Inc. · filed 2003-12-31(e)(1)
A Title VII plaintiff must file a charge with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged unlawful employment practice.
Brown v. Chicago Transit Authority Pension Board · filed 2004-01-12(e)(1)
However, Title VII requires that a charge be filed within 300 days of an unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days of the discriminatory act; discrete failures to promote outside that period are time-barred.
Anderson v. Delphi Automotive Systems Corp. · filed 2004-01-13(e)
Because plaintiff filed the charge on April 10, 2001, June 13, 2000 is the cut-off date for claims of discrimination. Therefore, alleged vacancies and failures to promote that occurred from 1997 through June 2000 are time-barred by statute.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an ADA claimant 300 days to file an EEOC charge; for wrongful termination, the period begins when the employee receives unequivocal notice of termination.
Pooler v. Supervalu Holdings, Inc. · filed 2004-01-23(e)(1)
Accordingly, Pooler had 300 days from the alleged discriminatory act to file a charge with the EEOC. See Tinsley v. First Union Nat’l Bank, 155 F.3d 435, 440 (4th Cir. 1998) (citing 42 U.S.C. § 2000e-5(e)(1) (2000)). Because Pooler did not receive unequivocal notice of his termination until June 13, 2002, we hold that his wrongful termination charge, filed with the EEOC on October 29, 2002, (138 days later) is timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 300 days of the last discriminatory act.
Fields v. Merrill Lynch, Pierce, Fenner & Smith, Inc. · filed 2004-01-27(e)(1)
A party seeking to recover damages pursuant to Title VII must first comply with the prerequisite set forth in 42 U.S.C. § 2000e-5(e)(1) by filing a Charge of Discrimination with the EEOC within 300 days of the last act of unlawful discrimination. If that charge is not timely filed, a Title VII claim must be dismissed.Read the full opinion on CourtListener →
In a deferral state, a Title VII charge must be filed with the EEOC within 300 days of the alleged discrimination.
Woodward v. United Parcel Service, Inc. · filed 2004-01-28(e)(1)
Under Title VII, in a deferral state such as South Carolina, a charge of discrimination must be filed with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the alleged discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged discriminatory act when its filing rule applies.
Metts v. UNIVERSITY OF NEVADA-RENO · filed 2004-02-05(e)(1)
The administrative charge with the EEOC must be made within 300 days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e) sets the deadline for filing an EEOC charge, not the deadline for filing suit.
Manuel v. Sanderson Farms Inc. · filed 2004-02-06(e)
As Manuel correctly points out, the district court erred in applying section 2000e-5(e), both because that provision controls the time for filing an EEOC charge ... and not the time for filing suit, and because the TCHRA, rather than federal law, controls whether his claims were timely filed.Read the full opinion on CourtListener →
Notes 8251–8400 of 12,143, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under 42 U.S.C. § 2000e-5. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace