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) requires a plaintiff in Kansas to file an EEOC charge within 300 days after the alleged unlawful conduct.
Cowan v. Unified School District 501 · filed 2004-02-19(e)
In Kansas, a plaintiff must file an EEOC charge within 300 days after the alleged unlawful conduct occurs. See 42 U.S.C. § 2000e-5(e). ... Plaintiff concedes that he did not file his claim with the EEOC or KHRC within the applicable time limit and that the statute of limitations has run on his § 1981 claim. The court therefore dismisses plaintiffs discrimination claim against defendant for failing to hire him as football coach at THS.Read the full opinion on CourtListener →
Section 2000e-5(e) bars a Title VII claim based on a refusal to hire when the claimant files an EEOC charge more than 300 days after that refusal.
Coger v. Connecticut · filed 2004-03-12(e)
Because plaintiffs first denial of a Trainee position occurred more than 300 days before he filed his EEOC charge, his Title VII claim based on such denial is time-barred under 42 U.S.C. § 2000e-5(e).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally bars Title VII claims based on conduct occurring more than 300 days before an EEOC charge is filed.
Bryan v. Lucent Technologies, Inc. · filed 2004-03-15(e)(1)
Under Title VII, claims based on incidents that are alleged to constitute an adverse employment action that occur more than 300 days prior to the filing of a charge with the EEOC are time-barred.Read the full opinion on CourtListener →
In D.C., a Title VII charge must be filed within 300 days of a retaliatory act; a later related act does not make an untimely discrete act actionable.
Coleman v. Potomac Electric Power Co. · filed 2004-03-17(e)(1)
Because the District of Columbia has its own Human Rights Commission that accepts and investigates charges of employment discrimination, the statute of limitations for filing a charge alleging a violation of Title VII in D.C. is 300 days. ... The Title VII claims arising from acts that occurred more than 300-days prior to July 16, 2002, must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day charge-filing period does not bar a failure-to-promote claim based on a continuing series of related acts when the claim is brought within 300 days of the later acts.
Purnell v. Maryland · filed 2004-03-18(e)(1)
Accordingly, Purnell’s failure to promote claim cannot be said to be untimely, as she brought it within 300 days of the second reclassification study, which was ongoing in the spring of 2001.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed with the EEOC within 180 days of the discrete act.
Floyd v. Elmore County Board of Education · filed 2004-05-24(e)(1)
The court adds that Floyd’s race-discrimination claim, to extent she relies on Title VII, is time-barred. A charge of discrimination must be filed with the Equal Employment Opportunity Commission within 180 days of the discrete act about which the plaintiff complain. 42 U.S.C.A. § 2000e — 5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) limits Title VII claims to employment actions within the applicable charge-filing period.
Sallis v. University of Minnesota · filed 2004-06-18(e)(1)
The denial of the athletic worker position, however, occurred in 1997 — long before post-February 19, 2000 time period relevant to this action. See 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff in a deferral state 300 days to file a charge for each discrete discriminatory act.
Lakshman v. University of Maine System · filed 2004-08-06(e)(1)
Section 2000e-5(e)(l) requires a plaintiff to file any charge with the Equal Employment Opportunity Commission within 180 days “after the alleged unlawful employment practice occurred” before filing the action in court. ... In “deferral states,” including Maine, where the state has its own anti-discrimination laws and agency, that period is extended to 300 days. ... Under federal law, therefore, Dr. Lakshman’s claims of discrimination due to “discrete acts” that occurred before July 14, 2001 are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a claimant subject to the 180-day filing period to file an EEOC charge within 180 days of the alleged discriminatory act.
Rayborn v. Auburn University · filed 2004-08-11(e)(1)
Under Title VII, a plaintiff must file a charge with the EEOC within 180 days of the alleged discriminatory action. 42 U.S.C. § 2000e-5 et seq. ... Thus, as an initial finding, the court concludes that none of the claims cited by Rayborn which are premised upon events which occurred before 19 December 2001 are cognizable in this action.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII plaintiff in New York to file an administrative charge within 300 days of an alleged unlawful act; discrete acts outside that period are time-barred.
Pound v. American Red Cross Blood Services N.Y. Penn Region · filed 2004-11-08(e)
Pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e), a plaintiff in New York state must file an administrative charge of discrimination within 300 days of the alleged unlawful conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a hostile work environment claim when the employee files an EEOC charge within 300 days of an act that forms part of the claim.
Blanchet v. Chevron Texaco Corp. · filed 2004-11-10(e)(1)
Thus, in order to be timely, an employee need only file an EEOC charge within 300 days of any act that comprises part of the hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff who files a discrimination charge with a state agency 300 days to file; for a discriminatory discharge claim, the period begins when the employee receives definite notice of termination.
Haghpassand v. Reuters America Inc. · filed 2005-01-28(e)(1)
Title VII and ADEA plaintiffs who file a discrimination charge with a state agency must do so within 300 days after the allegedly unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; a later termination that follows an earlier discriminatory decision does not restart the 300-day filing period.
Stith v. Perot Systems Corp. · filed 2005-01-31(e)(1)
Thus, no discrete discriminatory act took place within the 300-day period, and Stith’s claims are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a 300-day filing period when an EEOC charge is also filed with a state agency authorized to address the discrimination claim.
Hall v. Eastman Chemical Co. · filed 2005-03-28(e)(1)
However, the statute has a 300-day extended deadline for claimants who have “initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice.” Hall claims that her complaint to the EEOC constituted a “dual filing” with both the EEOC and the THRC. We agree and find that Hall’s complaint was timely filed, as the district court apparently did, and we will address the merits of her claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an ADA charge with the EEOC when a state agency’s worksharing agreement waives the deferral period.
Fletcher v. Tufts University · filed 2005-04-15(e)(1)
In light of Commercial Office Products, then, I conclude that the worksharing agreement between the -MCAD and the EEOC waives the sixty-day period for 'deferral to the state agency, and provided a 300-day window for the plaintiff to file her charges with the EEOC.Read the full opinion on CourtListener →
The 300-day period for filing an EEOC charge does not cover discrete discriminatory acts outside that period, even when they relate to timely acts.
Henson v. Bell Helicopter Textron, Inc. · filed 2005-04-18(e)(1)
Thus, before a plaintiff may file a civil action under Title VII or the ADA, he must exhaust administrative remedies, which include filing a charge of discrimination with the EEOC within 300 days after the alleged violations occurred and filing suit within 90 days after receiving a right-to-sue letter from the EEOC. ... Because all of those incidents are discrete acts, they do not qualify under the continuing violation exception to the ADA’s actionable period restrictions and the district court properly limited its inquiry to Henson’s allegations of ADA violations that occurred after March 29, 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a state with an agency that enforces employment discrimination laws.
Cortes v. University of Medicine & Dentistry of New Jersey · filed 2005-05-05(e)(1)
New Jersey, however, is a “deferral state” and, as such, the relevant time period is not 180 days, but 300. Pursuant to 42 U.S.C. § 2000e-5(e), the EEOC must refer complaints arising in New Jersey to the New Jersey Division on Civil Rights. Due to the existence of this deferral agency, a plaintiffs complaint is thus timely filed if received by the EEOC within 300 days from the date of the alleged violation.Read the full opinion on CourtListener →
In a deferral state, the 300-day deadline for filing an EEOC charge turns on when the applicant knew or reasonably should have known of the employment decision.
Gould v. Case Western Reserve University · filed 2005-05-11(e)(1)
When Gould reasonably should have known of the decision not to hire him is a question that cannot be answered on the basis of the record currently before the court. The discovery process may reveal that Case publicized its decision in some appropriate way before June 2003 or may reveal other facts which shed new light on the reasonableness of Gould’s actions. At this time, however, dismissal for failure to file timely is premature.Read the full opinion on CourtListener →
In a state with a state or local process for employment discrimination complaints, a Title VII plaintiff must file an EEOC charge within 300 days after learning of the alleged conduct.
Torrez v. Milk Products, L.P. · filed 2005-05-11(e)(1)
“In a state that, like Texas, provides a state or local administrative mechanism to address complaints of employment discrimination, a title VII plaintiff must file a charge of discrimination with the EEOC within 300 days after learning of the conduct alleged.” ... Accordingly, these complaints of discrimination are barred by the statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5's charge-filing deadline limits Title VII claims to timely employment decisions.
Gamble v. Aramark Uniform Services · filed 2005-05-19(e)(1)
Gamble filed his charge on 30 April 2001. Therefore, only his claim regarding the decision to hire Jeff Luter for a RSS position in January 2001 is timely under Title VII. See 42 U.S.C. § 2000e-5(a).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in New York even when the claimant files with the EEOC before a state or local agency.
Francis v. Blaikie Group · filed 2005-06-06(e)(1)
Although Francis did not directly institute proceedings with a state or local agency before filing her charge with the EEOC, the 300-day filing period nevertheless applies to her EEOC charge.Read the full opinion on CourtListener →
In non-deferral states, § 2000e-5(e)(1) requires an EEOC charge within 180 days of each discrete discriminatory or retaliatory act.
Lane v. Lucent Technologies, Inc. · filed 2005-06-10(e)(1)
In non-deferral states like North Carolina, both the ADEA and Title VII require a plaintiff to file an administrative charge with the EEOC within 180 days of the alleged misconduct. 29 U.S.C. §§ 621-634; 42 U.S.C. § 2000e-5(e)(l).Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s charge-filing period for a known failure to promote is not extended by a later incident that may suggest discriminatory motive.
Menéndez v. Scotiabank of Puerto Rico, Inc. · filed 2005-06-14(e)(1)
In any event, if intended by Menendez to suggest a discriminatory motive for the failure to promote, this bonus incident does not extend the statute for the known failure to promote.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge for each discrete discriminatory act; equitable tolling is available in limited circumstances.
Beamon, Alex F. v. Marshall & Ilsley · filed 2005-06-15(e)(1)
As applicable to this case, Title VII provides that a charge of racially discriminatory employment practices shall be filed with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” ... There are no grounds here for application of equitable tolling. Beamon’s first six claims of discrimination were properly dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed within 180 days of the alleged unlawful employment practice.
Menefee v. Montgomery County Board of Education · filed 2005-06-21(e)(1)
Because March 14, 2002 is more than 180 days prior to the date the EEOC charge was filed, his hostile work environment claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when the complainant first files with a state or local agency.
Banks v. District of Columbia · filed 2005-07-08(e)(1)
Since Banks filed with the OHR before filing with the EEOC, she is allowed 300 days to file with the EEOC under § 2000e-5 (e)(1). The filing with the EEOC takes effect on the day it is filed with the EEOC because the OHR has waived its right to exclusive jurisdiction during the deferral period. Since the filing with the EEOC was before day 300, Banks timely filed with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in New York to file an EEOC charge within 300 days of the alleged discriminatory act.
Giannone v. Deutsche Bank Securities, Inc. · filed 2005-09-21(e)(1)
To preserve a Title VII claim for federal court review, an individual complaining of employment discrimination in New York State must file a charge with the EEOC within 300 days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires New York plaintiffs to file a charge concerning a discriminatory act within 300 days of that act.
Love v. City of New York Department of Consumer Affairs · filed 2005-09-29(e)(1)
The first ground, based on the alleged touching incident, cannot form the basis for a gender discrimination claim because such a claim was not timely raised. Title VII requires that New York plaintiffs file charges of specific acts of discrimination within 300 days of the occurrence of the act or acts.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an administrative charge with the EEOC or a local equivalent agency within 300 days of the alleged discriminatory act before suing.
Vishevnik v. Board of Education · filed 2005-10-17(e)(1)
Title VII requires that, before a civil lawsuit can be filed, an administrative charge must be filed with the EEOC or a local equivalent agency within 300 days of the alleged discriminatory acts. ... Thus, Vishevnik filed the charge almost five years after he was terminated, far beyond the 300-day deadline, and the district court correctly held that the claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires an EEOC charge within 180 days of the alleged discriminatory act, subject to equitable tolling.
Pierri v. Cingular Wireless, LLC · filed 2005-10-18(e)(1)
Applying the law to the facts of this case, Plaintiffs gender-based claim of pay discrimination is time barred. Here, Plaintiff filed her EEOC charge on November 19, 2003, well over two years after her compensation package was finalized in 2001.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on events more than 300 days before an EEOC charge is filed, unless the events are part of a continuing violation extending into that period.
Fleming v. Verizon New York, Inc. · filed 2005-11-16(e)(1)
A plaintiff may not assert Title VII claims based on events more than 300 days prior to the filing of her EEOC charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge to be filed within 180 days of the alleged discrimination, or within 300 days if the claim is commenced with a state or local agency.
Fordjour v. Intel Corp. · filed 2005-12-13(e)(1)
Fordjour was discharged from his employment with Intel on January 1, 1996. He filed the present action on May 7, 2002 and filed a charge of discrimination with the EEOC on May 20, 2002. As a consequence, the district court properly concluded that Fordjour’s Title VII claims were time-barred. See 42 U.S.C. § 2000e-5 (mandating that a claim be filed within 180 days of the alleged discrimination or within 300 days if the claim is commenced with a local or state agency); Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002).Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge in a deferral state to be filed within 300 days after the alleged unlawful act.
Taylor v. United Parcel Service, Inc. · filed 2006-03-16(e)
In a deferral state such as Louisiana, a charge of discriminatory conduct must be filed with the EEOC within 300 days after the alleged unlawful act occurs. ... Taylor did not file his charge with the EEOC until January 16, 2003. Therefore, the relevant time period for any Title VII claims begins on or about March 20, 2002.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars failure-to-promote claims when all challenged promotion decisions fall outside the 180-day EEOC charge-filing period.
Belton v. City of Charlotte · filed 2006-05-23(e)(1)
Title VII requires an aggrieved party to file a complaint with the EEOC “within one hundred and eighty days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Here, because all of the challenged acts occurred outside of the period for timely filing, the entire claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge within 300 days of the alleged discriminatory act, a deadline that also applies to ADA claims.
Reid v. Rexam Beverage Can Co. · filed 2006-06-06(e)
To bring a Title VII race discrimination suit or an ADA disability discrimination suit, a plaintiff must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory acts. 42 U.S.C. § 2000e-5(e). ... Therefore, Reid’s federal ADA claim is barred for failure to file a timely EEOC charge.Read the full opinion on CourtListener →
A plaintiff who first files with a state agency must file a Title VII charge with the EEOC within 300 days; the continuing violations doctrine does not extend that period for retaliation claims.
Hamic v. Harris County W.C. & I.D. No. 36 · filed 2006-06-12(e)(1)
A plaintiff, like Hamic, who initially institutes proceedings with an appropriate state agency must file a Title VII employment discrimination charge with the EEOC within 300 days of the challenged discrimination. ... Accordingly, post-Morgan, a plaintiff can only recover for retaliation to the extent that it occurred within the limitations period, that is, the continuing violations doctrine does not apply to retaliation.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) imposes a 300-day deadline for filing an EEOC charge in this case.
Graham v. Cingular Wireless, LLC · filed 2006-06-21(e)(1)
Allegations concerning this email were not a part of Graham's EEOC charge, and any charge relating to this email would have been outside the 300 day time limit for bringing a charge since the email was sent on November 18, 2003, and Graham's next EEOC charge was filed in November of 2004. 42 U.S.C.A. § 2000e-5(e)(1) (2006). For that reason, Cingular argues it should be dismissed as time-barred. I agree, although even assuming it were not time-barred, it cannot support a claim for retaliation for other reasons.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an aggrieved employee to file an EEOC discrimination charge within 180 days of the adverse employment action.
Bates v. Tandy Corporation · filed 2006-06-27(e)(1)
Under Title VII, an aggrieved employee must file a charge of discrimination with the Equal Employment Opportunity Commission within 180 days of the adverse employment action.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a charge where a state agency enforces employment discrimination law; earlier acts may support a hostile work environment claim if a contributing act occurred within that period.
Urmey v. AT & T CORP. · filed 2006-07-10(e)(1)
Where, as here, the state within which the alleged act of discrimination occurred has a law prohibiting discrimination in employment and authorizes a state agency to enforce that law, a charge of discrimination under the ADA and Title VII must be filed within 300 days after the alleged unlawful act occurred. ... This argument has no basis, because the Court can consider alleged discriminatory acts outside the statutory time period for determining liability for a hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file a discrimination charge when the plaintiff first initiates proceedings with a state or local agency.
Bacon v. Honda of America Manufacturing, Inc. · filed 2006-07-13(e)(1)
The period is 300 days (as opposed to 180 days) where the plaintiff first initiates discrimination proceedings with a state or local agency. 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge in a deferral state to be filed within 300 days of the discriminatory act.
Ramon v. AT&T Broadband · filed 2006-08-31(e)(1)
However, because any putative hostile work environment claim was not exhausted in an EEOC charge, the district court did not err by finding that Ramon’s allegations of discrimination prior to 5 October 2001 were time barred, as falling outside of the 300-day statutory period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on events more than 300 days before the plaintiff files an EEOC charge.
Stevens v. Del Webb Communities, Inc. · filed 2006-09-08(e)(1)
Any claims pertaining to events that occurred more than 300 days prior to the filing of Plaintiffs Charge of Discrimination with the EEOC on January 5, 2005 are outside the statutory period of limitations for Title VII claims.Read the full opinion on CourtListener →
In Illinois, Section 2000e-5 requires a Title VII charge to be filed within 300 days of the alleged discriminatory act.
Griffin v. Sutton Ford, Inc. · filed 2006-09-15(e)(1)
In Illinois, a complainant must file a charge with the EEOC or the appropriate state agency within 300 days of the alleged discriminatory act. 42 U.S.C. § 2000e-5. ... These claims, therefore, are time-barred.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 discriminatory act in this case.
Crews v. Trustees of Columbia University · filed 2006-09-29(e)(1)
A Title VII claim must be filed with the EEOC within 300 days of the alleged discriminatory act. 42 U.S.C. § 2000e-5(e)(l).Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day filing period bars Title VII claims based on discrete employment acts that occurred more than 300 days before an EEOC charge.
Grosz v. Boeing Co. · filed 2006-10-02(e)(1)
That statute of limitations has now been extended to 300 days. See 42 U.S.C. § 2000e-5(e)(l). Any discrete employment act that occurs outside the limitations period is time-barred, and cannot form the basis for a discrimination claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in Delaware 300 days to file an EEOC charge; a timely charge concerning a discrete act does not revive claims based on earlier discrete acts.
Riley v. Delaware River and Bay Authority · filed 2006-10-25(e)(1)
Under Morgan, Riley’s allegations of inadequate pay and failure to promote in violation of Title VII may be considered, but only those acts that occurred on or after July 29, 2004, which is the beginning of the 300-day statute of limitations period. Any claim under Title VII based upon discrete acts of discrimination that occurred before that period is time barred and must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)'s charge-filing deadline applies to ADA claims and bars a claim based on an act more than 300 days before the EEOC charge.
Hall v. The Scotts Company · filed 2006-11-07(e)
In order to recover for illegal discrimination in employment under the ADA, a plaintiff must first timely file a charge of discrimination with the EEOC. 42 U.S.C. § 12117(a) (incorporating the charging requirements of Title VII, 42 U.S.C. § 2000e-5(e)); Amini, 259 F.3d at 498. Hall had 300 days from when his claim arose to file his charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 300 days after the alleged unlawful employment practice.
Hanani v. New Jersey Department of Environmental Protection · filed 2006-11-09(e)(1)
Claims brought pursuant to Title VII must be filed with the EEOC “within 300 days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(l). Her claim accrued on February 5, 2001; thus, she was required to file by December 2, 2001. However, the claim was not filed until February 14, 2002, some 374 days later.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge in a deferral state to be filed within 300 days of notice of the challenged employment decision.
Simotas v. Kelsey-Seybold · filed 2006-12-06(e)(1)
In a “deferral state” such as Texas, the charge must be filed within 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 300 days of the alleged unlawful employment practice; an untimely charge bars a later Title VII suit.
Ferguson v. Medical College of Wisconsin · filed 2007-01-09(e)(1)
As applicable to this case, Title VII provides that a charge of racially discriminatory employment practices shall be filed with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(l). Failure to file a timely charge with the EEOC precludes a subsequent lawsuit under Title VII.Read the full opinion on CourtListener →
In Title VII cases involving local agency proceedings, a discrimination charge must be filed within 300 days of the last alleged unlawful practice; a factual dispute over a timely filing can prevent dismissal for untimeliness.
International Healthcare Exchange, Inc. v. Global Healthcare Exchange, LLC · filed 2007-01-11(e)(1)
In Title VII cases where aggrieved parties institute proceedings with a local agency, a charge of employment discrimination must be filed within 300 days of the last alleged unlawful practice. ... Because the form that Cuene claims to have sent to the EEOC appears to include the basic information called for by the regulation, her allegation that she faxed the form in a timely manner raises a genuine issue of material fact that cannot be resolved upon this motion for summary judgment. Defendant’s motion for dismissal of Plaintiffs Title VII claims as untimely is therefore denied.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge concerning a discrete act such as a demotion to be filed within 300 days of the act.
Roney, Gul v. IL Dept Trans · filed 2007-01-18(e)(1)
Because Roney waited more than 300 days after the alleged demotion to file an EEOC charge, his demotion claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge concerning a demotion to be filed within 300 days of the demotion.
Roney v. Illinois Department of Transportation · filed 2007-01-18(e)(1)
A demotion, like other discrete acts of alleged discrimination, is an unlawful employment practice that must be brought to the EEOC’s attention within 300 days of its occurrence.Read the full opinion on CourtListener →
In a state with an administrative discrimination remedy, § 2000e-5(e)(1) requires an EEOC charge within 300 days of a discrete failure to promote.
Grice v. FMC Technologies Inc. · filed 2007-01-30(e)(1)
Because Grice was statutorily required to file this claim within 300 days of the alleged failure to promote, this claim is now time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA claimant to file an EEOC charge within 180 days of the alleged unlawful employment practice; a discrete act outside that period is time barred.
Mayers v. Laborers' Health & Safety Fund of North America · filed 2007-03-02(e)(1)
The ADA incorporates the procedural provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., including the requirement that an injured individual file an EEOC charge “within one hundred and eighty days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1); see also 42 U.S.C. § 12117 (incorporating procedural elements of Title VII). ... Because Mayers failed to file her EEOC complaint until March 12, 2001, the complaint was timely only as to events transpiring on or after September 13, 2000.Read the full opinion on CourtListener →
Law changed since Pub. L. 111-2 (Jan. 29, 2009) added § 2000e-5(e)(3), under which each affected compensation payment can constitute a new unlawful practice; this earlier wage-decision deadline does not control those later payments.
Section 2000e-5(e)(1) bars a Title VII wage discrimination claim arising more than 300 days before the employee files an EEOC charge.
Collins v. Sailormen Inc. · filed 2007-03-08(e)(1)
Under Title VII, Collins could not assert a claim for discriminatory wages more than 300 days before the date she filed her EEOC charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge to be filed within 300 days of the discriminatory acts when the 300-day filing period applies.
Ollie v. Plano Independent School District · filed 2007-03-28(e)(1)
Ollie was required to file her charge of discrimination with the EEOC within 300 days of the discriminatory acts. ... Liberally construing Ollie’s pleadings as true and viewing them in the light most favorable to her, the court concludes that any discriminatory actions occurred within the requisite time period.Read the full opinion on CourtListener →
Section 2000e-5(e) bars Title VII claims based on employment acts outside the EEOC charge filing period.
MATYA v. United Refining Co. · filed 2007-03-29(e)
The other previous claims, arising from his final days at the Erie stores, were not preserved since they were not alleged in the EEOC charge and are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC discrimination charge within 180 days of the alleged adverse employment action.
Halfacre v. Home Depot, U.S.A., Inc. · filed 2007-04-03(e)(1)
We do not consider the allegations regarding that store because they were not raised in Halfacre’s EEOC charges and, in any event, they are time-barred. See EEOC v. Bailey Co., 563 F.2d 439, 446 (6th Cir. 1977) (noting that complaint asserting Title VII claims is “limited to the scope of the EEOC investigation reasonably expected to grow out of the charge of discrimination”); 42 U.S.C. § 2000e-5(e)(1) (requiring that a plaintiff file discrimination charge with the EEOC within 180 days of the alleged adverse employment action).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a hostile work environment claim when no act contributing to it occurred within the 300-day charge-filing period.
Smith v. Quintiles Transnational Corp. · filed 2007-04-10(e)(1)
Thus, the 300 day cutoff date in this ease is January 9, 2003. ... Accordingly, the Plaintiffs hostile work environment claim is time barred.Read the full opinion on CourtListener →
A Title VII claim is untimely when the EEOC charge is filed more than 300 days after the last discriminatory act.
Bray v. Pharmacia Corp./Pfizer, Inc. · filed 2007-04-16(e)(1)
Therefore, we will affirm the District Court’s ruling that Bray’s claims under Title VII, the ADA and the ADEA must be dismissed because her EEOC filing was outside the 300-day window.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an administrative charge in a deferral state to be filed within 300 days of the allegedly unlawful act.
Baker v. VIA CHRISTI REGIONAL MEDICAL CENTER · filed 2007-06-13(e)(1)
Defendant further points out that in a deferral state like Kansas, an administrative charge must be filed within 300 days of the allegedly unlawful act. ... Plaintiff filed his EEOC charge on November 28, 2005, over one thousand days after the alleged unlawful act. Accordingly, the charge was not timely filed with respect to the race claim.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a plaintiff to file an EEOC charge within 300 days of the alleged unlawful employment act.
Lacy v. NATIONAL RR PASSENGER CORP.(" AMTRAK") · filed 2007-07-23(e)
In order to proceed under Title VII, a plaintiff who alleges employment discrimination must file a charge of discrimination with the EEOC within 300 days of the occurrence of the alleged unlawful act. 42 U.S.C. §§ 2000e-5(e). ... Thus, Ms. Lacy’s Title VII claims based on events occurring more than 300 days earlier, i.e. before May 8, 2004, are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an aggrieved employee to file an EEOC charge within 180 days; equitable tolling requires a basis to excuse a late filing.
Cook v. Mississippi Department of Human Services · filed 2007-07-24(e)(1)
We agree that Cook’s November 2003 EEOC charge was untimely. While Cook says the March 2001 start date for retaliation on her charge form was a clerical error, she offers no basis to excuse the error under principles of equitable tolling.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee to file an EEOC charge within the applicable 300-day period for each discrete discriminatory act, including a failure to promote.
Brown v. Illinois Department of Natural Resources · filed 2007-08-27(e)(1)
Accordingly, Brown is time-barred from filing suit under Title VII for any “discrete act” about which he did not file an EEOC charge within the 300-day EEOC charging deadline.Read the full opinion on CourtListener →
Section 2000e-5 requires a timely EEOC charge for each discrete unlawful employment act; in Illinois, the filing deadline is 300 days.
Brown, Jerry v. Il Dept. Natural · filed 2007-08-27(e)(1)
Based on the Supreme Court’s decision in Ledbetter, all of Brown’s Title VII claims that were based on “discrete acts” that occurred over 300 days prior to his first EEOC charge are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when a claimant has filed in a state with its own discrimination laws and enforcement agency.
Wilks v. Elizabeth Arden, Inc. · filed 2007-08-28(e)(1)
In general, Title VII discrimination claims must be filed with the Equal Employment Opportunity Commission (“EEOC”) within 180 days of the date on which the “alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). If, however, a claimant has filed a charge of discrimination in a state or locality that has its own anti-discrimination laws and enforcement agency, the time period for filing claims with the EEOC is extended to 300 days from the date of the unlawful practice. ... Connecticut has its own anti-discrimination agency, the CHRO. Thus, the 300-day limitation applies to the Plaintiffs claims here.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge to be filed within 300 days of the alleged unlawful employment practice in Pennsylvania.
Urban v. Bayer Corp. Pharmaceutical Division · filed 2007-08-28(e)(1)
In Pennsylvania, a verified charge must be filed with the ... EEOC within 300 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely EEOC charge for each discrete alleged discriminatory act; a later charge does not revive claims outside the 300-day filing period.
Wynn v. New York, Office of Children & Family Services · filed 2007-09-04(e)
As such, Wynn was required to timely file a discrimination charge with respect to each evaluation which resulted in an adverse employment action, and his failure to do so with respect to his 1999 evaluation and suspension renders those claims untimely.Read the full opinion on CourtListener →
Law changed since AT&T Corp. v. Hulteen, 556 U.S. 701 (May 18, 2009), reversed this ruling: § 2000e-5(e)(2) requires a seniority system adopted for an intentionally discriminatory purpose and does not reach AT&T’s pre-PDA pregnancy-leave rule.
Section 2000e-5(e)(2) treats injury from an intentionally discriminatory seniority system as occurring when the system is applied to the employee.
Hulteen v. At&t Corporation · filed 2007-08-17(e)(2)
Congress thus clarified that injury occurs at the time that the seniority system is applied to the aggrieved party because that is when the employee is actually harmed by the deprivation of benefits. See 42 U.S.C. § 2000e-5(e)(2).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) provides a 300-day filing period for a Title VII charge dual-filed with the EEOC and a state agency.
Osborn v. Home Depot U.S.A., Inc. · filed 2007-09-19(e)(1)
Because plaintiff dual-filed her charge with the CHRO and EEOC, the 300-day limitations period applies.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 unlawful act.
Liles v. New York City Department of Education · filed 2007-09-27(e)(1)
In order to file a federal lawsuit under the ADA or the ADEA, a plaintiff must file a charge of discrimination with the EEOC within three hundred (300) days after the date of the alleged unlawful acts.Read the full opinion on CourtListener →
Section 2000e-5’s 300-day EEOC charge deadline applies to ADA claims through § 12117(a).
Graham v. United Parcel Service · filed 2007-10-01(e)(1)
As UPS notes, it is true that under the ADA a plaintiff must file an EEOC charge within 300 days of the discriminatory act about which she complains. 42 U.S.C. § 12117(a) (providing that the complaint procedures under Title VII, set forth in 42 U.S.C. § 2000e-5, apply to complaints under the ADA).Read the full opinion on CourtListener →
Section 2000e-5(e) gives Title VII claimants in referral states 300 days to file an EEOC charge; a verified questionnaire can satisfy that requirement when treated as a charge.
Wolf v. EAST TEXAS MEDICAL CENTER · filed 2007-10-03(e)
Pursuant to 42 U.S.C. § 2000e-5(e), in a state where the EEOC routinely transmits complaints to a state referral agency, such as the Texas Commission on Human Rights, a limitations period of 300 days is applicable. ... With these facts, Plaintiffs verified Layoff Questionnaire should be construed as a timely charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 180-day charge filing period begins when the alleged unlawful practice occurred, even if the charge mistakenly lists an earlier date.
Carter v. Washington Metropolitan Area Transit Authority · filed 2007-10-05(e)(1)
Most importantly for the purposes of this appeal, the 180-day filing period begins on the date “the alleged unlawful practice occurred”—not the date listed in the charge itself.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 of the alleged discrimination.
Adams v. Daimlerchrysler Services NA · filed 2007-10-30(e)(1)
Title VII and the ADEA require plaintiffs to file an EEOC discrimination charge within 300 days of the discrimination,4 while the TCHRA requires plaintiffs to file a Human Rights discrimination charge within 180 days of the discrimination. ... Because the record supports the court’s dismissal of the specific claims it discussed, we find no merit to Adams’s assignment of error here.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII plaintiff to file an administrative charge within 300 days of a discrete discriminatory act; claims based on earlier acts are time-barred.
Murray v. Visiting Nurse Services of New York · filed 2007-10-31(e)
In order to assert a Title VII claim in federal court, a plaintiff must file an administrative charge alleging discrimination within 300 days of the alleged discriminatory conduct. ... Therefore, plaintiffs Title VII claims relating to any discrete acts of discrimination that occurred prior to that date are dismissed as time-barred.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged unlawful conduct.
Lacy v. National Railroad Passenger · filed 2007-11-26(e)
A Title VII plaintiff in a “deferral state” such as Delaware must file a charge of discrimination with the EEOC within 300 days of the alleged unlawful conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of an alleged unlawful employment practice.
Williams v. Consolidated Edison Corp. · filed 2007-11-27(e)(1)
Williams is time-barred from bringing almost all of these claims under Title VII because she failed to file a charge with the EEOC within 180 days of the occurrence of these allegedly unlawful practices.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in a deferral state 300 days to file an EEOC charge; a later refusal to hire has its own filing period.
Chedwick v. UPMC · filed 2007-12-12(e)(1)
The parties agree that, because of Pennsylvania’s status as a “deferral state” (i.e., a state which has its own law prohibiting the same practices as the ADA, and which authorizes an agency to grant or seek relief from such practices), Chedwick had 300 days from the time of the alleged discrimination to file his EEOC charge in accordance with 42 U.S.C. §§ 2000e-5(e)(1) and 12117(a). ... Since UPMC’s alleged discriminatory failures to “hire” Chedwick constituted violations of the ADA separate and distinct from the discriminatory conduct alleged to have occurred in July 2004, Chedwiek’s claims are not time-barred insofar as they are based on UPMC’s alleged failure to hire him on or after October 20, 2005.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) extends the EEOC charge filing period to 300 days for claims filed in a state with its own antidiscrimination laws and enforcement agency.
Ludwiczak v. Hitachi Capital America Corp. · filed 2007-12-27(e)(1)
If, however, a claimant has filed a charge of discrimination in a state or locality that has its own antidiscrimination laws and enforcement agency, the time period for filing claims with the EEOC is extended to 300 days from the date of the unlawful practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge in a state such as New York to be filed within 300 days of the alleged discriminatory act.
Borrero v. American Express Bank Ltd. · filed 2008-02-05(e)(1)
Accordingly, this prong of AEB’s motion is granted and alleged acts of disparate treatment that occurred more than 300 days before Borrero filed her discrimination charge are not actionable. As a result, Borrero may recover under Title VII only for those acts that occurred after May 12, 2004.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires an EEOC charge within 300 days of the discriminatory conduct; a timely charge may cover similarly situated plaintiffs, and an ongoing practice may be considered when it continues into that period.
Franklin v. Sheet Metal Workers International Ass'n Local Union No. 2 · filed 2008-02-21(e)(1)
In cases such as Plaintiffs’, 42 U.S.C. § 2000e-5(e)(l) requires a plaintiff to file an administrative charge with the EEOC within 300 days of an employer’s discriminatory conduct. ... The single-filing rule is therefore appropriate. ... In sum, the Court cannot consider discrete discriminatory acts such as refusal to hire, refusal to promote, or termination occurring before February 15, 2001 but can consider Local 2’s maintenance and refusal to amend its referral policies beginning in 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge to be filed within 300 days of the alleged unlawful employment practice.
Al-Ali v. Salt Lake Community College · filed 2008-03-18(e)(1)
Accordingly, we find no error in the district court’s conclusion that Mr. Al-Ali’s claims related to his termination, SLCC’s refusals to hire, and the alleged hostile work environment were time-barred because of his failure to file a charge of discrimination within three hundred days of the allegedly discriminatory acts.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a discrimination charge when the claimant first files with a state agency.
Mynatt v. Lockheed Martin Energy Systems, Inc. · filed 2008-03-18(e)(1)
Therefore, he is time-barred from complaining of any discriminatory acts occurring more than 300 days before that date. The 300-day limit applies because it appears that Mynatt first filed a complaint with the Tennessee Human Rights Commission (THRC), although the exact filing date is not indicated.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days after the alleged unlawful practice occurred.
Klouda v. Southwestern Baptist Theological Seminary · filed 2008-03-19(e)(1)
Plaintiff would be barred in any event from asserting her Title VII claim because she failed to comply with the requirement that she file a charge of discrimination within 300 days “after the alleged unlawful practice occurred.” ... Her Title VII claim is time-barred by reason of her failure to file it within the statutory time limit.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a state with an agency authorized to address the alleged unlawful practice.
Talwar v. Connecticut · filed 2008-03-31(e)(1)
Accordingly, for the January 2003 layoff to be considered as part of a Title VII claim, Talwar must have filed his EEOC complaint within 300 days. However, Talwar’s EEOC complaint was filed on July 19, 2004, so any claim based on the January 2003 layoff was time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day EEOC filing deadline can make a proposed discrimination claim futile to add.
Dolgaleva v. Virginia Beach City Public Schools · filed 2008-04-03(e)(1)
Ms. Dolgaleva did not present her religious discrimination claim to the EEOC within 300 days of not being hired.Read the full opinion on CourtListener →
In Louisiana, Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged discrimination; for a tenure denial, the period begins when the employee receives notice of the decision.
Hartz v. Administrators of Tulane Educational Fund · filed 2008-04-16(e)(1)
We have previously held that the operative date from which the limitations period begins to run is the date of notice of the adverse action, not the date that the adverse action takes effect.Read the full opinion on CourtListener →
In a deferral state, a plaintiff must file an EEOC charge within 300 days of the allegedly unlawful employment practice.
Hout v. City of Mansfield · filed 2008-04-23(e)(1)
In deferral states such as Ohio, § 2000e-5(e)(1) requires plaintiff to file a complaint with the EEOC within 300 days of the allegedly unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee in Louisiana to file an EEOC discrimination charge within 300 days of the alleged discriminatory conduct.
Hartz v. Admin Tulane Educ · filed 2008-05-23(e)(1)
In the state of Louisiana an employee must file her charge of discrimination with the EEOC within 300 days of the alleged discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge challenging a discrete discriminatory act to be filed within 180 or 300 days after the act.
Castro-Medina v. Procter & Gamble Commercial Co. · filed 2008-06-28(e)(1)
We also find that one of the alleged incidents of denied request for transfer is time-barred. ... In Morgan, supra, the Supreme Court of the United States held that a plaintiff seeking to recover for a discrete act of discrimination, as opposed to a pattern of harassing conduct that taken as a whole constitutes a hostile work environment, must file a charge within the 180- or 300-day time period after the discrete discriminatory act occurred in accordance with 42 U.S.C. § 2000e-5(e)(l).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a Title VII charge in a state with an agency authorized to address the alleged discrimination.
Vaden v. Connecticut · filed 2008-07-08(e)(1)
Therefore, any conduct or actions by defendants alleged to give rise to § 1983 liability occurring before January 13, 2003 are time-barred, as are any actions on which his Title VII claim is premised occurring before September 16, 2005, 300 days prior to his administrative filing.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff who timely files with a state agency 300 days from an alleged discriminatory act to file an EEOC charge.
Thornton v. United Parcel Service, Inc. · filed 2008-07-21(e)(1)
If the plaintiff initially proceeds in a timely fashion with the MCAD, he has an additional 120 days to file a charge with the EEOC. 42 U.S.C. § 2000e-5(e)(1). ... Accordingly, Thornton’s claims under the ADA (Counts I and II) are confined to acts described in his 2001 MCAD charge that occurred during the period 300 days prior to August 30, 2001 (that is, after November 3, 2000).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a retaliation charge to be filed within 180 or 300 days of the alleged unlawful practice, depending on the circumstances.
Hayes v. Clark County · filed 2008-08-22(e)(1)
Because Hayes last charge of retaliation and discrimination was filed with the EEOC on April 14, 2000, only those allegations of retaliation which allegedly occurred within 300 days prior to April 14, 2000 are actionable.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discrete layoffs that occurred more than 300 days before the employee filed a discrimination charge.
L'Etoile v. New England Finish System · filed 2008-08-29(e)(1)
It is undisputed that a number of the "discrete discriminatory acts" encompassed by L'Etoile's discrimination claim, i.e., her layoffs on March 4, 2002, June 24, 2002, January 1, 2003, and August 15, 2003--occurred more than 300 days before she filed her charge of discrimination on July 16, 2004. L'Etoile's claim that each of those layoffs was illegally motivated by her gender is time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) imposes a 300-day limit for filing a discrimination charge.
Esquivel v. International Union of Operating Engineers, Local 150 · filed 2008-09-02(e)(1)
That occurred in late 2002, and Es-quivel did not file a charge until 2005 — well beyond the time when the 300 day limitation under 42 U.S.C. § 2000e-5(e)(l) had long since expired.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Title VII plaintiff 300 days to file an EEOC charge when the plaintiff initiates proceedings with an authorized state or local agency.
Lelaind v. City and County of San Francisco · filed 2008-09-02(e)(1)
The 300 day limitation, not the 180 day limitation applies because Lelaind “initially instituted proceedings with a State or local agency with authority to grant or seek relief from [an unlawful employment] practice.” 42 U.S.C. § 2000e-5(e)(l). Here, the same charging document was filed simultaneously with the DFEH and EEOC.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 learning of the alleged conduct.
King v. St of LA Dept of Pub · filed 2008-09-23(e)(1)
A Title VII plaintiff must file a charge of discrimination with the EEOC within 300 days after learning of the conduct alleged; otherwise, her claims are prescribed. Huckabay v. Moore, 142 F.3d 233, 238 (5th Cir. 1998) (citing 42 U.S.C. § 2000e-5(e)(1)). ... Like the district court, we conclude that many of King’s claims arising under 42 U.S.C. §§ 1981 and 1983 and Title VII are barred by the applicable limitations periods.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of each alleged discriminatory or retaliatory act, even when an untimely act is related to a timely one.
Lore v. City of Syracuse · filed 2008-10-30(e)(1)
Title VII requires a plaintiff file a complaint with the EEOC within 300 days after the alleged discriminatory or retaliatory act occurs. ... As a result, the three alleged incidents noted above and occurring before September 19, 1999, i.e., 300 days before the filing of plaintiffs initial EEOC complaint, will be dismissed as untimely and may not be considered in the context of plaintiffs discrimination or retaliation claims arising under Title VII.Read the full opinion on CourtListener →
In a non-deferral state, a plaintiff must file an EEOC charge within 180 days of a discriminatory promotion decision.
Bennett v. Chatham County Sheriff Dept. · filed 2008-11-04(e)(1)
In a non-deferral state such as Georgia, the plaintiff must file the EEOC charge within 180 days of the date of the alleged discrimination. 42 U.S.C. § 2000e-5(e)(1). The discriminatory decision not to promote an employee is a discrete act that triggers the 180-day period in which to file a charge of discrimination. ... Thus, her discrimination claims relating to the October 16, 2005 and February 6, 2006 corporal promotions, which occurred outside the 180-day period, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge filed through an authorized state or local agency within 300 days of the alleged unlawful employment practice, subject to equitable tolling in exceptional circumstances.
Auguste v. New York Presbyterian Medical Center · filed 2009-01-14(e)(1)
As such, the charge was timely filed only with respect to alleged discriminatory practices which occurred on or after August 8, 2003, or within the 300-day period preceding the filing of the charge. Auguste’s claims related to her November 2003 termination fall within this time period, but any claims with respect to the 2002 termination of her employment are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an employee 300 days to file an EEOC charge in a state with its own antidiscrimination law and enforcement agency.
Rehman v. State University of New York at Stony Brook · filed 2009-02-06(e)(1)
Because New York has its own anti-discrimination laws and enforcement agency, the statute of limitations for filing a charge of discrimination with the EEOC is 300-days after the alleged occurrence of an unlawful employment practice.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 of the alleged unlawful employment action.
Wagner v. Connecticut Dep't. of Correction · filed 2009-02-12(e)(1)
Title VII's statute of limitations requires that allegations of discrimination be filed with the Equal Employment Opportunity Commission (''EEOC”) within 300 days of the putatively unlawful employment action.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA or ADEA claimant to file an EEOC charge within 180 days of the alleged discrimination, or within 300 days if the claimant first seeks relief from an authorized state or local agency.
Martinez-Jordan v. Baxter Healthcare Corp. · filed 2009-02-18(e)(1)
Accordingly, far from complying with the three-hundred day filing deadline of both the ADA and the ADEA, plaintiff filed his charge some eleven years after the alleged 1995 discriminatory comments and demotion, and more than two years after the August of 2003 hiring of Hernández.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a discrimination claim when the EEOC charge is filed more than 300 days after notice of termination.
John v. New York City Department of Education · filed 2009-03-03(e)(1)
The district court properly found John’s federal discrimination claims time-barred because John first filed an administrative complaint with the Equal Employment Opportunity Commission more than 300 days after she was notified of her termination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful act to maintain a Title VII claim.
Ezuma v. City University of New York · filed 2009-03-27(e)(1)
This Court has previously held that, to the extent plaintiff has stated these claims under Title VII as opposed to state and local anti-discrimination laws (which also.are alleged), his claim that these actions were retaliatory is time-barred under 42 U.S.C. § 2000e-5(e)(1) (EEOC charge must be filed within 300 days of the alleged unlawful act to maintain Title VII claim).Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day charge-filing limit generally prevents the EEOC from seeking relief for otherwise stale discrimination claims.
Equal Employment Opportunity Commission v. CRST Van Expedited, Inc. · filed 2009-05-11(e)(1)
Section 2000e-5 makes no exception for the EEOC, even though it clearly contemplates EEOC enforcement actions.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff in a deferral state 300 days from the alleged discriminatory act to file an administrative charge.
Canales-Jacobs v. NEW YORK STATE OFFICE OF COURT ADMINISTRATION · filed 2009-08-05(e)(1)
New York is a so-called “deferral state.” Under 42 U.S.C. § 2000e-5(e)(1), plaintiff has 300 days from the act complained of to file an administrative charge with the state deferral agency of the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days after the alleged unlawful employment practice occurs; when a school board has final authority to terminate an employee, its decision starts that period.
Floyd v. Amite County School District · filed 2009-08-28(e)(1)
In order to file suit under Title VII, 42 U.S.C. § 2000e-5 requires that a plaintiff file a charge of discrimination with the EEOC “within one hundred and eighty days after the alleged unlawful employment practice occurred.” ... Accordingly, Floyd’s charge filed with EEOC on October 9, 2003 was timely and the district court erred in dismissing his Title VII claim on that basis.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars recovery for employment discrimination occurring more than 300 days before the plaintiff files an EEOC charge.
Risch v. Royal Oak Police Department · filed 2009-09-23(e)(1)
The district court dismissed Risch's claims concerning acts that occurred in 2002, 2003, and 2004 because the applicable limitations provision of Title VII bars recovery for employment discrimination that occurred more than 300 days before Risch filed an EEOC charge. See 42 U.S.C. § 2000e-5(e)(1). Because Risch did not file an EEOC charge until October 20, 2005, she cannot recover for the alleged discriminatory acts in 2002, 2003, and 2004.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in Texas to file an EEOC charge within 300 days of learning of the alleged unlawful employment action.
Harris v. Auxilium Pharmaceuticals, Inc. · filed 2009-09-28(e)(1)
Because Texas offers an administrative mechanism to resolve employment discrimination complaints, a Title VII plaintiff must file a charge of discrimination with the EEOC within 300 days of learning of the alleged unlawful employment action.Read the full opinion on CourtListener →
Section 2000e-5(e) gives an employee 300 days to file a discrimination charge with a state or local agency that addresses employment discrimination.
Shomo v. Mugar Enterprises, Inc. · filed 2009-09-28(e)
Under Title VII’s administrative procedure, in a state that has its own agency equipped to address employment discrimination, an aggrieved employee must file a charge of discrimination with the state or local employment agency within 300 days of the discriminatory act. ... As such, Shomo filed her VIDOL complaint 152 days after the discriminatory event, and her employment discrimination charge was timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on conduct occurring more than 300 days before the plaintiff files an EEOC charge.
Soliman v. George Washington University · filed 2009-09-29(e)(1)
Under Title VII, a plaintiff cannot bring claims premised on conduct that allegedly occurred more than 300 days before she filed her EEOC charge. ... Unfortunately for Solimán, the circumstances she has alleged, even if true, do not amount to a hostile work environment and thus do not warrant application of the continuing violations doctrine.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day EEOC filing limit applies separately to each discrete act of retaliation.
Carlson v. Geneva City School District · filed 2010-01-08(e)(1)
Consequently, while the Court agrees that acts of retaliation are discrete acts that must occur within three-hundred days of the EEOC complaint to be actionable, Defendants have not shown that any of Plaintiffs retaliation claims are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII plaintiff in a deferral state to file an EEOC charge within 300 days of the alleged unlawful conduct.
Maynard v. GOODWILL INDUSTRIES OF DELAWARE AND DELAWARE COUNTY, INC. · filed 2010-01-11(e)
A Title VII plaintiff in a “deferral state” such as Delaware must file a charge of discrimination with the EEOC within three hundred days of the alleged unlawful conduct. ... Accordingly, the failure to promote claim is time-barred and the court will grant defendant’s motion for summary judgment as to this issue.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII complainant filing with a state or local agency to file a discrimination charge within 300 days of the alleged injury.
Wiley v. Nebf Investments · filed 2010-01-12(e)(1)
A complainant who files the charge with a state or local agency must do so within 300 days from the date of the discriminatory injury alleged. See 42 U.S.C. § 2000e-5(e)(1) (governing Title VII claims); 42 U.S.C. § 12117(a) (governing ADA claims). Failure to file an administrative charge within the time limit allowed constitutes a failure to exhaust administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge alleging a discrete failure to promote to be filed within 300 days of that action in a deferral state.
Lopez-Mendez v. Lexmark International, Inc. · filed 2010-01-21(e)(1)
In order to bring a claim based on this alleged failure to promote, plaintiff needed to file administrative charges regarding the incident within 300 days of its occurrence on July 27, 2006.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant in New York to file an EEOC charge within 300 days of the alleged unlawful employment practice; the deadline is subject to equitable tolling.
Baroor v. New York City Department of Education · filed 2010-01-21(e)
For a Title VII claim arising in New York to be timely, a plaintiff must file the charge with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the allegedly unlawful employment practice. ... Because all of the defendants’ alleged misconduct occurred prior to August 17, 2005, the EEOC charge is untimely as to each of Baroor’s Title VII claims. ... Accordingly, the district court did not abuse its discretion in concluding that equitable tolling is not warranted in this case and that Baroor’s Title VII claims are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of an alleged Title VII violation.
SRAIEB v. American Airlines, Inc. · filed 2010-01-25(e)(1)
EEOC charges must be brought on Title VII claims within 300 days of an alleged violation. ... Accordingly, whether Plaintiff requested an accommodation during or before Ramadan 2007 is an issue left for the trier of fact and the claim is not “inescapably time-barred.”Read the full opinion on CourtListener →
Section 2000e-5(e), as applied to ADA claims, requires an EEOC charge within 300 days of the alleged discriminatory act.
McCowan v. HSBC Bank USA, N.A. · filed 2010-02-12(e)
Under the ADA, a plaintiff must file an administrative charge of discrimination with the EEOC no more than 300 days after an alleged discriminatory act to maintain a lawsuit on such act in federal court.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged discriminatory conduct.
Stouter v. Smithtown Central School District · filed 2010-02-12(e)(1)
Such a charge must be filed no more than 300 days from the date of the alleged discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a deferral jurisdiction; earlier conduct may be considered when an act contributing to a hostile work environment occurs within that period.
Hubbell v. World Kitchen, LLC · filed 2010-02-24(e)(1)
Because Pennsylvania is a “deferral” jurisdiction, Hubbell’s EEOC charge needed to be filed within 300 days of the alleged “unlawful employment practice” in order for her claims to be timely filed. ... In determining whether Hubbell’s hostile work environment claims can survive World Kitchen’s motion for summary judgment, the court need not limit its consideration to events occurring within the 300-day charging period.Read the full opinion on CourtListener →
Section 2000e-5 requires a timely administrative charge before a Title VII suit.
Falso v. Gates Chili Central School District · filed 2010-01-26(e)(1)
Falso therefore failed to satisfy his administrative remedies by filing a timely administrative charge of discrimination, and his complaint must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an administrative discrimination charge within 300 days of learning of an adverse action.
Mwabira-Simera v. Howard University · filed 2010-03-10(e)(1)
Although Title VII claims have the same statutory three-year limitation period, they have an effective limitation period that is far shorter because federal law required Mwabira-Simera to file an administrative charge of discrimination within 300 days of the time he knew of the University’s adverse action. ... Accordingly, on this record, there is no dispute about the material fact that Mwabira-Simera did not exhaust his administrative remedies before filing suit, and the University is entitled to summary judgment on the Title VII claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge to be filed within 300 days when proceedings are instituted with a state agency; older discrete acts cannot independently support discrimination or retaliation claims.
Panelli v. First American Title Insurance · filed 2010-03-30(e)(1)
Under 42 U.S.C. § 2000e-5(e)(l), where a plaintiff institutes proceedings with a state agency, the plaintiff must file a charge of discrimination with the Equal Employment Opportunities Commission within 300 days “after the alleged unlawful employment practice occurred.... ” 42 U.S.C. § 2000e-5(e)(l). ... Thus, the brothel incident, which occurred in the Fall of 2005, is outside this time period and is untimely as a basis for Molnar’s discrimination and retaliation claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days in Wisconsin; discrete retaliation acts outside that period cannot support a claim.
Henneman v. AIRTRAN AIRWAYS · filed 2010-03-31(e)(1)
And, pursuant to 42 U.S.C. § 2000e-5(e)(l), a charge of employment discrimination must be filed with the EEOC within 300 days of the alleged unlawful employment practice. Because Henneman’s filed her first administrative charge with the ERD and EEOC on August 10, 2004, any discrete acts that occurred more than 300 days prior to this date, or before October 13, 2003, cannot be the basis of her Title VII retaliation claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff in a deferral state 300 days after the challenged employment practice to file an EEOC charge when the plaintiff files a grievance with the state agency.
Hayes v. DELAWARE STATE UNIVERSITY · filed 2010-07-29(e)(1)
In states that have an entity with the authority to grant or seek relief regarding an alleged unlawful practice (so-called “deferral states”), a plaintiff who files a grievance with that agency has 300 days from the time of the employment practice to file the charge with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1), applied to ADA claims through § 12117(a), required Worth to file her discrimination charge within 300 days of termination even under a continuing violations or hostile work environment theory.
Worth v. City of Kalispell · filed 2010-08-02(e)(1)
Even under a continuing violations or hostile work environment theory, Worth had to file her charge within 300 days of her termination. 42 U.S.C. §§ 2000e-5(e)(1) and 12117(a).Read the full opinion on CourtListener →
A timely EEOC Charge Questionnaire that adequately identifies the parties and alleged discrimination can satisfy Title VII’s charge-filing deadline.
Kellam v. INDEPENDENCE CHARTER SCHOOL · filed 2010-08-18(e)(1)
In completing a Charge Questionnaire within 300 days of the allegedly discriminatory act, therefore, Plaintiff timely filed his charge of discrimination and the statute of limitations does not bar his claim under Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge to be filed with the EEOC within 180 days of the alleged unlawful employment practice.
Stone v. Landis Construction Corporation · filed 2010-08-24(e)(1)
Under Title VII, “[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 the plaintiff filed an untimely charge with the EEOC, the Court will grant the defendants’ motion to dismiss the Title VII and ADEA claims on the ground that the plaintiff failed to exhaust his administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful practice for the discrimination claims at issue.
Snyder v. Baxter Healthcare Inc · filed 2010-09-14(e)(1)
In order to maintain an action under the ADA or the ADEA, a Plaintiff is required to file a charge with the EEOC within 300 days of the allegedly unlawful practice. 29 U.S.C. § 626(d)(2); 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee to file an EEOC charge within the applicable 300-day period after an adverse employment action or notice of it.
Lebofsky v. City of Philadelphia · filed 2010-09-17(e)(1)
To pursue an employment discrimination claim under Title VII or the ADEA, an employee must first file a charge with the EEOC within 300 days of an adverse employment action or of notification to the employee of such an action.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge concerning an alleged discriminatory act.
Saaidi v. CFAS, LLC · filed 2010-09-17(e)(1)
Therefore, her claims of retaliation would have been timely filed as long as the retaliatory conduct alleged occurred no earlier than February 16, 2007, 300 days prior to the EEOC filing. That requirement is clearly met here since the retaliatory conduct alleged in the EEOC complaint occurred on or after August 25, 2007.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s charge-filing deadline bars Title VII claims based on discrete discriminatory acts outside the filing period; the continuing violation doctrine does not save those acts.
Ahuja v. Detica Inc. · filed 2010-09-30(e)(1)
This is significant because Plaintiff cannot rely upon the continuing violation doctrine to prevent her discrete acts of discrimination from being barred by the statute of limitations. ... Therefore, the Court shall grant Defendant’s motion to dismiss Plaintiffs Title VII claims based on events occurring prior to July 17, 2007.Read the full opinion on CourtListener →
The 300-day charge-filing deadline bars Title VII claims based on discrete discriminatory acts outside the filing period; the continuing violation doctrine does not extend that deadline for those acts.
Ahuja v. Bae Systems Information Solutions, Inc. · filed 2010-09-30(e)(1)
This is significant because Plaintiff cannot rely upon the continuing violation doctrine to prevent her discrete acts of discrimination from being barred by the statute of limitations. ... Therefore, the Court shall grant Defendant’s motion to dismiss Plaintiff’s Title VII claims based on events occurring prior to July 17, 2007.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file a charge with the EEOC or its state equivalent within 300 days of the alleged violation.
Elberson v. Comm of PA Gov Ofc · filed 2010-10-05(e)(1)
Under Title VII, a plaintiff must file a complaint with the EEOC or its state equivalent within 300 days of the alleged violation. 42 U.S.C. § 2000e-5(e)(1).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 an alleged unlawful employment practice.
Summers v. City of Dothan · filed 2010-10-29(e)(1)
This Court finds that all of Summers’s Title VII claims relating to alleged discriminatory or retaliatory acts occurring prior to December 22, 2006 are time-barred by the procedural requirements of 42 U.S.C. § 2000e-5(e)(l) and that the City of Dothan is entitled to judgment as a matter of law for these claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within the applicable 300-day period; discrete acts do not qualify for the continuing violation exception.
Valtchev v. The City of New York · filed 2010-11-15(e)(1)
The ADA, ADEA, and Title VII require claimants to file a charge of discrimination or retaliation with the United States Equal Employment Opportunity Commission (“EEOC”) within 300 days of the discriminatory or retaliatory act. See 42 U.S.C. § 12117(a) (ADA); 42 U.S.C. § 2000e-5(e)(1) (Title VII); 29 U.S.C. § 626(d)(1) (ADEA). ... The district court found that such events did not constitute anything other than discrete acts and, accordingly, that events occurring before 300 days preceding the date Valtchev filed his EEOC complaint were time-barred. We agree. Valtchev ultimately raises only failure to promote claims and discrete instances of retaliatory action, such as negative evaluations, that do not trigger the continuing violation exception.Read the full opinion on CourtListener →
In New York, § 2000e-5(e)(1) requires an EEOC charge within 300 days of a discrete discriminatory act; earlier acts may support a hostile work environment claim if a contributing act occurred within the filing period.
Gutierrez v. City of New York · filed 2010-11-29(e)(1)
In New York, Title VII claims must be filed with the EEOC within 300 days of the alleged discriminatory act. ... In sum, Plaintiffs’ Title VII claims for actions occurring prior to the 300 days before their individual filings with the EEOC are dismissed except to the extent Plaintiffs’ allegations support a claim of hostile work environment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in a non-deferral state to file an EEOC charge within 180 days of the alleged discriminatory act.
Gray v. City of Montgomery · filed 2010-12-09(e)(1)
Because Gray did not file her EEOC charge until January 15, 2009 (more than 180 days after the alleged acts in her race-discrimination claims), her Title VII claims are 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 alleged unlawful employment practice, excluding the day the practice occurred when counting the deadline.
Buckley v. University of Arkansas Board of Trustees · filed 2011-01-28(e)(1)
Rule 6(a)(1) of the Federal Rules of Civil Procedure provides that in computing any time under the rules or a statute that does not specify a method of computing time, the Court should exclude the day of the event that triggers the period, and then count every day including the last day of the period (unless the last day is Saturday, Sunday, or a legal holiday). Following that method of computation, June 1, 2010, was the 180th day after December 3, 2009. Therefore, Buckley’s EEOC charge was timely filed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in a deferral state to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Tran v. Sonic Industries Services, Inc. · filed 2011-02-08(e)(1)
Plaintiff filed her charge of discrimination with the EEOC on July 20, 2009, making the total number of days between the discrete action and the filing of the EEOC charge 323 days. Because Plaintiff failed to timely filed her charge, Defendant is entitled to summary judgment as to Plaintiffs failure-to-promote Title VII claims.Read the full opinion on CourtListener →
In a deferral state, Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of the alleged discriminatory action.
Blackburn v. Shelby County · filed 2011-02-18(e)(1)
To exhaust administrative remedies, an aggrieved person in a deferral state such as Tennessee must file a formal charge of discrimination with the EEOC or the Tennessee Human Rights Commission within three hundred (300) days of the allegedly discriminatory action.Read the full opinion on CourtListener →
A Title VII charge must be filed with the EEOC within 180 days of the alleged unlawful employment practice.
Campbell v. KNIFE RIVER CORP.-NORTHWEST · filed 2011-03-08(e)(1)
The Title VII claim requires that a charge be filed with the EEOC within 180 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge to be filed with the EEOC within 300 days of the alleged discriminatory act; dismissal on timeliness grounds requires the complaint to be conclusively time-barred on its face.
Ndondji v. InterPark Inc. · filed 2011-03-09(e)(1)
Under Title VII, a plaintiff must file a charge with the EEOC within 300 days of the date of the alleged discriminatory act. ... Prior to discovery, the Court is not prepared to take a narrow reading of Ndondji’s complaint and hence declines to dismiss his claims on statute of limitations grounds at this time. InterPark has failed to satisfy its burden to demonstrate that Ndondji’s discrimination claims are “conclusively time-barred” on the face of the complaint.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful employment practice.
Hall v. Sky Chefs, Inc. · filed 2011-03-22(e)(1)
Moreover, “[t]o be deemed timely under Title VII, an EEOC charge must be filed ‘within three hundred days after the alleged unlawful employment practice occurred.’ ” ... In this case, Plaintiff evidently filed her first EEOC charge on October 31, 2007, ... so it follows that she presumptively cannot complain here of any employment practices that occurred prior to January 4, 2007.Read the full opinion on CourtListener →
In a deferral state, § 2000e-5(e)(1) gives a claimant 300 days to file an EEOC charge.
Bailey v. Ares Group, Inc. · filed 2011-03-25(e)(1)
A Title VII claimant in a deferral state, such as Maryland, however, has 300 days in which to file a charge with the EEOC. ... Accordingly, Bailey’s disability claim in Count IV must be dismissed because she has not timely filed an EEOC charge based upon disability discrimination.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 unlawful employment practice.
Smiley v. Alabama Department of Transportation · filed 2011-03-30(e)(1)
According to this provision, “[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).Read the full opinion on CourtListener →
In a state with a fair employment agency, a Title VII claimant must file an EEOC charge within 300 days of the alleged discrimination.
Dimps v. New York State Office of Mental Health · filed 2011-04-01(e)(1)
Even assuming that Dimps did not learn of the alleged discrimination against her until December 18, 2007, the date on which she resigned from her position with OMH Manhattan, she did not file her complaint with EEOC until December 22, 2008, well over 300 days later. Therefore, Dimps’s Title VII Claim is time-barred.Read the full opinion on CourtListener →
Notes 8401–8550 of 12,143, oldest cases first.
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