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) gives a plaintiff who presents a discrimination claim to a state agency 300 days after the alleged act to file an administrative charge.
Ferguson v. Town of Riverdale Park, Maryland · filed 2021-12-01(e)(1)
To be timely, plaintiff must file an administrative charge with the state agency within 300 days of when an alleged discriminatory act occurs if, as is the case here, plaintiff has presented these claims to a state agency. See Hentosh, 767 F.3d at 417 (citing 42 U.S.C. § 2000e-5(e)(1)); see also White v. Mortgage Dynamics, Inc., 528 F. Supp. 2d, 576, 579-80 (D. Md. 2007) (applying the same time requirement to the ADEA). ... Because these alleged discriminatory acts occurred before November 29, 2018, plaintiff’s discrimination claims based upon these acts are time-barred and the Court must dismiss these claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) limits Title VII claims to discrimination occurring within 300 days of the administrative charge.
Dyer v. R.R. Donnelley & Sons Company · filed 2021-12-01(e)(1)
Only discrimination occurring within 300 days of the charge is actionable. See 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
In a deferral state, a Title VII claimant has 300 days from the discriminatory act to file an EEOC charge.
Belton v. GEO Group · filed 2021-12-08(e)(1)
This was 358 days after the discriminatory act at issue—the 300-day filing period had thus expired. The district court did not err when it found that Belton’s Title VII claim was time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day EEOC charge filing period is calculated using the date the charge is filed, rather than the date the employee contacts the EEOC.
Bond v. Wells Fargo Bank NA · filed 2021-12-09(e)(1)
Title VII, 42 U.S.C. § 2000e-5(e)(1), states that a charge alleging unlawful employment practice “shall be filed by [] the person aggrieved within three hundred days after the alleged unlawful employment practice occurred.” Both the statutory language and the relevant Ninth Circuit case law require utilizing the date of filing to determine the beginning of a plaintiff’s 300-day statutory period.Read the full opinion on CourtListener →
A failure-to-hire claim is actionable only if the employee files an EEOC charge within 180 days of the hiring decision.
Keys v. Entergy · filed 2021-12-10(e)(1)
The threshold question is whether Keys may sue about all 70+ positions for which she applied and was not hired, or instead whether she is limited to suing about the four positions where the failure-to-hire occurred within 180 days of her EEOC charge. ... In what follows, therefore, the Court will focus on the four failures-to-hire that were timely encompassed by Keys’ charge of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e) bars Title VII liability for acts occurring more than 300 days before the EEOC charge in this case, though earlier acts may serve as background evidence.
Daniel v. City of New York · filed 2021-12-16(e)
The defense is correct that conduct predating February 4, 2019 is untimely under Title VII as a basis for liability, and that conduct predating December 29, 2017 is similarly untimely under the NYSHRL and NYCHRL.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant in New York to file a charge within 300 days of the alleged discriminatory act; the filing date determines the time bar.
Philbert v. New York City Department Of Education · filed 2022-01-07(e)
On this issue, defendants are substantially correct, save that the relevant date for measuring the time bar is the date of Philbert’s filing with the EEOC, which occurred on December 18, 2019, six days before her filing with the SDHR.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars claims based on acts outside the charge-filing period unless those acts are part of a timely hostile work environment claim.
Paschall v. Memphis Light Gas & Water Division · filed 2022-01-11(e)(1)
Under 42 U.S.C. § 2000e-5(e)(1), a claim will be time-barred when the claimant fails to file a charge within the statutory period. ... Because Plaintiff’s hostile work environment claim does not survive summary judgment, Plaintiff cannot prevent the 2013 and 2014 claims from being time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file a charge when the plaintiff files with both the EEOC and a state or local agency.
Turner v. Thyssenkrupp Elevator · filed 2022-01-28(e)(1)
When a party files a charge with both the EEOC and a state or local agency, as is the case here, the plaintiff has 300 days from the date of the alleged unlawful conduct to file that charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day administrative charge deadline applies to Title I ADA claims through incorporation by reference.
Vasel v. Garrahy · filed 2022-02-02(e)(1)
To this end, a plaintiff ... must file an administrative complaint within 300 days of the complained-of conduct, and the basis for any subsequent federal court action must in turn be based on the conduct that could properly have been the subject of an administrative complaint. See, e.g., Wanamaker v. Town of Westport Bd. of Educ., 11 F. Supp. 3d 51, 75 & n.5 (D. Conn. 2014) (citing 42 U.S.C. § 2000e–5(e)(1), as incorporated by reference into the ADA, 42 U.S.C. § 12117(a)).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allowed 300 days from the alleged discrimination to file a charge in this case.
Stoetzer v. First State Bank of Bloomington · filed 2022-02-08(e)(1)
The statutory deadline for submitting the charge of discrimination here was 300 days from the alleged incident of discrimination. See 42 U.S.C. §§ 2000e–5(e)(1).Read the full opinion on CourtListener →
In Utah, a Title VII discrimination charge must be filed within 300 days of the alleged unlawful practice; intervening employer actions can prevent earlier harassment from counting as part of a continuing violation.
Henrie v. Carbon School District · filed 2022-01-31(e)(1)
In Utah, that time frame is extended to 300 days after the act occurred. Daniels v. United Parcel Serv., 701 F.3d 620, 628 (10th Cir. 2012). Henrie filed her initial discrimination charge with the EEOC on September 26, 2017. Thus, the 300-day limitation period began on November 30, 2016. None of Cox’s purported acts of sexual harassment occurred in this period. ... Further, if the employer takes an intervening action between one period of conduct and another period of conduct, the second period is “no longer part of the same hostile work environment claim.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employment-discrimination charge in Nevada to be filed within 300 days of the alleged unlawful practice.
Dittmar v. City of North Las Vegas · filed 2022-02-24(e)(1)
In Nevada, that deadline is 300 days after the allegedly unlawful employment practice. ... Even under the version of the facts most favorable to Dittmar, her sex-discrimination claims are barred by the statutes’ filing deadlines.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant 300 days to file a Title VII charge with a state agency; the continuing violation doctrine may allow earlier related conduct to be considered when a timely act anchors it.
Hussey v. East Coast Slurry Co., LLC · filed 2022-03-01(e)(1)
Her allegations regarding discriminatory conduct would therefore need to have taken place within 300 days of that complaint, with the earliest date of alleged conduct taking place on or after June 18, 2019.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 challenged conduct in a state with its own enforcement agency, subject to equitable tolling.
Gonzalez v. Apttus Corporation · filed 2022-03-03(e)(1)
A plaintiff alleging employment discrimination in violation of Title VII or the ADA must file a charge with the EEOC within 300 days of the conduct at issue (or within 180 days in states that do not have their own enforcement agencies). ... Accordingly, Apttus’s motion is GRANTED as to Gonzalez’s federal claims under Title VII, the ADA, and the ADEA, without prejudice to Gonzalez pursuing those claims in an amended complaint if she can include sufficient factual allegations in such a complaint to support tolling the deadline for filing her charge with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed with the EEOC within 300 days of the alleged act; internal complaints do not satisfy that requirement.
Wray v. Arizona · filed 2022-03-04(e)(1)
Internal complaints do not satisfy the statutory requirement to bring a charge with the EEOC within 300 days of the allegedly discriminatory act.Read the full opinion on CourtListener →
In Texas, a Title VII plaintiff must file an EEOC charge within 300 days of learning of the alleged conduct; earlier acts may serve as background evidence for a timely claim.
Briceno-Belmontes v. Coastal Bend College · filed 2022-03-05(e)(1)
In Texas, “a title VII plaintiff must file a charge of discrimination with the EEOC within 300 days after learning of the conduct alleged.” ... Briceno-Belmontes’s claims stem from her June 2019 termination—which occurred within the statutory deadline. ... Thus, Briceno-Belmontes’s claims are not time barred.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.
DOWDELL-MCELHANEY v. GLOBAL PAYMENTS INC · filed 2022-03-08(e)(1)
Since she filed her second Charge on April 27, 2021, the alleged adverse employment action must have occurred on or after October 29, 2020 to be timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Nevada employee to file a discrimination charge within 300 days of the alleged unlawful employment practice.
King v. City of Henderson · filed 2022-03-08(e)(1)
In Nevada, that deadline is 300 days after the allegedly unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge to be filed with the EEOC within 180 days, or within 300 days in a deferral jurisdiction.
Marchello v. Xcel Energy, Inc. · filed 2022-03-11(e)
Michigan is a deferral jurisdiction, and therefore the statute of limitations is 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in a non-deferral state to file an EEOC charge within 180 days of the alleged discriminatory act.
Nurradin v. Tuskegee University (CONSENT) · filed 2022-03-16(e)(1)
Accordingly, because Plaintiff did not file an EEOC charge within 180 days of the alleged discriminatory conduct, Plaintiff’s Title VII claims are time-barred and are due to be dismissed for failure to exhaust administrative remedies.Read the full opinion on CourtListener →
An unverified intake questionnaire does not count as a timely EEOC charge under § 2000e-5’s charge-filing procedure.
Leah v. Smith's Food & Drug Centers, Inc. · filed 2022-03-17(e)(1)
That argument must fail because the intake questionnaire did not meet the foregoing regulatory requirements for want of being verified. Therefore, although the intake questionnaire was filed within the required regulatory deadline, it is not a “charge,” and a verified charge was not filed until well after the deadline.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when the complainant initially proceeds through a qualifying state or local agency.
Best v. District of Columbia · filed 2022-03-17(e)(1)
Thus, any discriminatory acts that took place before April 18, 2017 — 300 days before the Initial Charge was filed on February 12, 2018 — are time barred.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.
BAKER v. UPSON REGIONAL MEDICAL CENTER · filed 2022-03-17(e)(1)
Pursuant to Title VII, charges must be filed with the EEOC “within one hundred and eighty days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Accordingly, Plaintiff failed to timely file her EEOC charge and as such her Title VII claim is procedurally barred and the Court DISMISSES it.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s charge-filing deadline allows earlier acts to serve as background evidence for a timely claim.
Briceno-Belmontes v. Coastal Bend College · filed 2022-03-29(e)(1)
The acts in the record that occurred outside the filing period are merely “relevant background evidence.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day EEOC filing period for a discriminatory discharge claim does not begin with a denial of leave unless the employer also gives final, unequivocal notice of termination.
Nachampassack v. Illinois State Toll Highway Authority · filed 2022-03-30(e)(1)
First, “there must be a final, ultimate, non-tentative decision to terminate the employee.” Id. (citing Ricks, 449 U.S. at 258–59). Second, “the employer must give the employee ‘unequivocal’ notice of its final termination decision.” Id. (citing Dvorak v. Mostardi Platt Assocs., Inc., 289 F.3d 479, 486 (7th Cir. 2002)). The Tollway has presented no evidence showing that either of these elements was satisfied before January 13, 2017, which would be the first day of the 300-day limitations period based on a November 9, 2017 charge filing date.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day filing period is measured from the initial EEOC charge when that charge is later amended.
Lipscomb v. City of New York · filed 2022-03-30(e)(1)
Accordingly, the Court uses the date of Plaintiff’s initial filing to determine the timeliness of Plaintiff’s Title VII claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of each discrete unlawful employment practice.
Jones v. Sansom · filed 2022-03-31(e)(1)
These acts constitute separate unlawful employment practices, each of which “starts a new clock” for the deadline to file charges.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA plaintiff to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Mulligan v. Verizon New York Inc. · filed 2022-03-31(e)(1)
A plaintiff bringing a claim under the ADA must file a charge with the EEOC within 300 days of the alleged unlawful employment practice. See 42 U.S.C. § 2000e–5(e)(1); 42 U.S.C. § 12117(a).Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day charge-filing period runs from the date of a discrete discriminatory act, even if its effects continue.
Howard v. Proviso Township H.S. District 209 · filed 2022-04-21(e)(1)
If a discrete act causes a continuing harm, such as in this case, the 300-day window still runs from the day of the act.Read the full opinion on CourtListener →
When a Title VII charge is filed with a state employment discrimination agency, alleged discriminatory acts must fall within the preceding 300 days, unless tolling or estoppel applies.
Cannon v. Eastern Correctional Institution · filed 2022-04-21(e)(1)
The face of Ms. Cannon’s complaint clearly reveals that the alleged discrimination occurred more than 300 days before she filed her the Charge.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 unlawful employment practice.
Becker-Beverly v. Huntsville City Schools · filed 2022-05-20(e)
To pursue a Title VII claim, a plaintiff must first file a charge of discrimination with the EEOC “within one hundred and eighty days after the alleged unlawful employment practice occurred[.]” 42 U.S.C. § 2000e-5(e); see Jackson v. Seaboard Coast Line R. Co., 678 F.2d 992, 1011 (11th Cir. 1982). ... Accordingly, Becker- Beverly’s claims stemming from her time in the accounts payable department and her transfer back to finance – Counts I and III – are barred by the statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge to be filed with the EEOC within 300 days of a discrete discriminatory act.
Gibbs v. ABT Electronics, Inc. · filed 2022-05-24(e)
A plaintiff may file a Title VII claim in federal court only if the plaintiff filed a charge of discrimination with the EEOC within 300 days of the alleged discriminatory act. ... With respect to Gibbs’ claims of disparate treatment and retaliation, the events occurring before August 16, 2019, are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discrete discriminatory acts when the applicable administrative charge is filed more than 300 days after those acts.
Spearman v. City of Annapolis · filed 2022-05-27(e)(1)
There is thus no genuine issue of material fact that Plaintiff failed to file his Second Charge within 300 days of the discrete discriminatory acts alleged in the Amended Complaint.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed with the EEOC within 300 days of the alleged unlawful employment decision.
BIRD v. MASTERY CHARTER SCHOOLS · filed 2022-06-01(e)(1)
Mastery is correct that any Title VII claim based on this decision would be barred by the statute of limitations requiring that a charge of discrimination be filed with the EEOC within 300 days of the alleged unlawful employment decision.Read the full opinion on CourtListener →
An EEOC charge filed within Section 2000e-5(e)(1)'s deadline can be verified later, with the signature relating back to the initial filing.
Williams v. Illinois Department of Human Services · filed 2022-06-06(e)(1)
The Department’s argument that the online form was deficient because Williams did not sign it before submitting it, Doc. 68 at 4, misses the mark because her August 2019 signature cured any defect in the May 2019 filing under the relation-back doctrine.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff challenging a discrete adverse employment action to file an EEOC charge within 300 days of that action.
Jackson v. The Boeing Company · filed 2022-06-09(e)(1)
Title VII of the Civil Rights Act requires a plaintiff challenging a discrete adverse employment action to file a charge of discrimination with the EEOC within 300 days of the employment action. See 42 U.S.C. § 2000e-5(e)(1). ... The Court GRANTS in part Boeing’s Motion and Court DISMISSES Jackson’s claims that involve adverse employment actions occurring before April 2, 2020.Read the full opinion on CourtListener →
In Georgia, a Title VII plaintiff must file an EEOC charge within 180 days of the last alleged discriminatory act.
GORHAM v. HOUSTON HEALTHCARE SYSTEM INC · filed 2022-06-15(e)(1)
In a non-deferral state like Georgia, a plaintiff must file an EEOC charge within 180 days of the last alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in New York to file a discrimination charge within 300 days of the alleged unlawful employment practice.
Reppert v. Santiago · filed 2022-06-28(e)(1)
Thus, Plaintiff was required to file an EEOC Charge within 300 days of those denials of promotion: by July 27, 2018 for the September 30, 2017 failure to promote claim to be timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on discrete discriminatory acts that occurred more than 300 days before the EEOC charge was filed.
Greer v. Cummins Inc. · filed 2022-07-01(e)(1)
Therefore, without more, the Court concludes that the statute of limitations bars Plaintiff’s September 2016 internal Ethics Point complaint, and all allegations therein based on acts that occurred before December 31, 2016, from consideration.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff in Tennessee to file an EEOC charge within 300 days of the alleged discriminatory act.
Phillips v. Shelby County Government · filed 2022-07-01(e)(1)
And in Tennessee, a plaintiff must file the EEOC charge within 300 days of the alleged discriminatory acts. ... This Court therefore finds that the statute of limitations bars any claims before January 15, 2020.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a complainant 300 days to file an EEOC charge when the complainant also initiates proceedings with a state or local agency.
Carnahan v. Argon Medical Devices, Inc. · filed 2022-07-01(e)(1)
Here, because Carnahan filed her charge with both the EEOC and the Commission, the 300-day limitations period governs.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in Kansas to file an EEOC charge within 300 days of the challenged conduct; a qualifying informal complaint can count as the charge.
Spencer v. Diversicare of Sedgwick, LLC · filed 2022-07-05(e)(1)
Thus, the January 11, 2021 EEOC complaint was sufficient to trigger administrative exhaustion. Accordingly, any KAAD claims based on conduct that occurred prior to July 11, 2020 are time barred, as are any Title VII claims based on conduct that occurred prior to March 17, 2020.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day period for filing an EEOC charge begins when the employer communicates its final decision to the employee, even if the decision takes effect later.
Stewart v. Knox County · filed 2022-07-07(e)(1)
The limitations period in 42 U.S.C. 2000e-5(e)(1) “does not begin to run . . . until an employer makes and communicates a final decision to the ... employee.” EEOC v. United Parcel Serv., Inc., 249 F.3d 557, 561–62 (6th Cir. 2001) (citing Del. State Coll. v. Ricks, 449 U.S. 250, 258 (1980)). ... And the Captains knew about that decision on May 18, 2016, 322 days before filing charges with the EEOC. The district court’s grant of summary judgment was proper.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in Indiana to file an EEOC charge within 300 days of the challenged action.
Lewis v. Indiana Wesleyan University · filed 2022-07-07(e)(1)
In Indiana, a plaintiff must first file a Charge with the EEOC within 180 days of challenged adverse action for ADEA claims, and within 300 days for Title VII claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely charge of discrimination to exhaust administrative remedies for a hostile work environment claim.
Mahler v. Ready-Mix · filed 2022-07-11(e)(1)
Upon careful review, we agree with the district court that Mahler failed to timely exhaust administrative remedies as to his hostile work environment claims, as he did not file his charge of discrimination within 300 days of his last day of work.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, subject to equitable tolling.
MILLER v. ALLI · filed 2022-07-11(e)(1)
Because Miller failed to file her Charge of Discrimination within 180 days of the alleged unlawful employment practices, her Title VII claims must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in Alabama to file an EEOC charge within 180 days of the alleged unlawful employment practice.
Murry v. Walmart Stores Inc · filed 2022-07-22(e)(1)
Accordingly, any claims arising before March 23, 2019 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits older acts to be considered as part of a hostile work environment claim when at least part of the claim falls within the 300-day EEOC filing period.
Landa v. University of Maryland, College Park · filed 2022-07-22(e)(1)
And because at least part of her hostile work environment claims are timely, any acts that are part of that claim—even if they precede the date of her EEOC charge by more than 300 days—may properly be considered as part of the claims.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 each discrete discriminatory act.
Gaspard v. Texas Department of Public Safety · filed 2022-07-22(e)(1)
To bring a lawsuit under Title VII, a putative plaintiff must first exhaust their administrative remedies by filing a charge of discrimination with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e–5(e)(1). ... Therefore, to the extent that he attempts to bring claims with respect to those promotion attempts, his claims are dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge for each discriminatory payroll deduction in an ADA or GINA claim.
Burris v. City of Chicago · filed 2022-07-25(e)(1)
Therefore, Williams’ ADA and GINA claims relating to discriminatory acts that occurred within 300 days prior to his EEOC charge are not dismissed as time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)’s charge-filing deadline may be equitably tolled when the EEOC misleads a claimant into believing she must await its approval before filing.
Mace v. Republic Health Corporation of Rockwall County · filed 2022-07-25(e)
Thus, for the purposes of the Motion to Dismiss, the Court finds equitable tolling applies to render Plaintiff’s Title VII claims viable, despite the undisputed untimely filing of her charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the actionable employment practice, but permits consideration of evidence about earlier events.
Vega v. CCIP · filed 2022-07-28(e)(1)
Fewer than 300 days passed between the actionable event—Vega’s termination—and the date that he filed his charge with the EEOC. Those are the only relevant dates under the statute. See 42 U.S.C. § 2000e-5(e)(1). The Court is not, as Defendant seems to suggest, prohibited from considering evidence relating to events more than 300 days before Vega filed his charge with the EEOC.Read the full opinion on CourtListener →
A Title VII plaintiff must file an EEOC charge within 300 days of the alleged discrimination in a state with its own enforcement agency, unless an exception applies.
Gonzalez v. Apttus Corporation · filed 2022-08-01(e)(1)
A plaintiff alleging employment discrimination in violation of Title VII must file a charge with the EEOC within 300 days of the conduct at issue (or within 180 days in states that do not have their own enforcement agencies). ... Accordingly, the Court concludes that her Title VII claim must once again be dismissed as untimely presented to the EEOC, and that further leave to amend would be futile.Read the full opinion on CourtListener →
In Pennsylvania, a Title VII charge must be filed with the EEOC within 300 days of the alleged discriminatory act; a timely termination charge does not make a separate, untimely failure-to-promote claim timely.
SHARIFI v. AMERICAN RED CROSS · filed 2022-08-01(e)(1)
Title VII establishes that a claim of discrimination must be filed with the EEOC within 300 days of the alleged conduct. 42 U.S.C. § 2000e-5(e)(1). ... Because the two claims are discrete actions, Plaintiff’s timely filing of her wrongful termination claim cannot be used to supersede the untimely filing of her failure to promote claim. Therefore, Plaintiff’s EEOC charge was filed outside of the statutory timeframe and the failure to promote claim should be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a Title VII claim based on acts within the applicable EEOC filing period, but earlier discrete acts cannot support damages.
Effland v. Baltimore Police Department · filed 2022-08-04(e)(1)
The court will therefore not dismiss Lt. Effland’s Title VII claim against BPD as untimely under 42 U.S.C. § 2000e—5(e)(1), although she may not recover damages for acts occurring prior to February 21, 2017.Read the full opinion on CourtListener →
In New York, a plaintiff must file an EEOC charge within 300 days of the alleged discrimination.
Belyea v. The City of Glen Cove · filed 2022-08-22(e)(1)
In New York, a federal employment discrimination claim is time-barred unless the plaintiff first files an EEOC charge within 300 days of the alleged discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days after the alleged unlawful employment practice.
Deering v. Lockheed Martin Corporation · filed 2022-08-30(e)(1)
Moreover, any such claim is time barred given that Deering moved to the labor and employment role in 2012 and did not file her EEOC complaint until 2018.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of the alleged act, a deadline that also applies to ADA claims.
Schroeder v. Board of Education for Community Consolidated School District 21 · filed 2022-09-01(e)(1)
A plaintiff must file a charge of discrimination within 300 days of an alleged act of discrimination, or she is barred from suing on the alleged act. ... Because Schroeder filed the disability discrimination charge after the 300-day deadline and it cannot relate back to her earlier charge, there is no basis for the Court to find that her ADA claim is timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of a discrete employment act, subject to tolling; that deadline applies to ADA claims through § 12117(a).
Blankinship v. Union Pacific Railroad Company · filed 2022-09-06(e)(1)
Absent tolling, the EEOC charge of discrimination must be filed within 300 days from the employer’s alleged discrete employment act. ... Plaintiff did not file an EEOC charge of discrimination within 300 days of the filing of the motion for class certification in Harris. Accordingly, his ADA claims are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days after the alleged unlawful employment practice occurs, rather than when it is discovered.
AZADPOUR v. AMCS GROUP, INC. · filed 2022-09-08(e)(1)
By the plain text of the statutes, Title VII, ADEA, and ADA claims accrue at the time of the alleged unlawful employment practice rather than when it was discovered.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when the claimant first pursues state or local administrative proceedings; equitable tolling or estoppel may extend that period.
Luciano v. California Department of Corrections and Rehabilitation · filed 2022-09-09(e)(1)
As such, pursuant to 42 U.S.C. § 2000e-5(e)(1), only those actions that occurred within the 300 days prior to the EEOC Complaint are timely and may be brought as discriminatory acts in this case, absent equitable tolling or estoppel.Read the full opinion on CourtListener →
Where the 300-day EEOC filing period applies, a Title VII claim requires an alleged unlawful employment practice within that period.
Basdeo v. New York City Transit Authority · filed 2022-09-09(e)
In their second amended complaint, Plaintiffs must allege facts to satisfy Title VII’s requirement that aggrieved individuals file a charge with the EEOC within 300 days after the alleged unlawful employment practice occurred.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 challenged employment practice.
Heath v. City of Philadelphia · filed 2022-09-19(e)(1)
Heath filed a charge of discrimination with the EEOC on December 1, 2015, so the statute of limitations bars any Title VII claim arising out of conduct predating February 4, 2015.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; in Illinois, the charge must be filed within 300 days of the alleged unlawful employment practice unless an exception applies.
Wise v. Lessie Bates Davis Neighborhood House · filed 2022-09-19(e)(1)
Accordingly, this Court holds that Wise’s claims under Title VII, which include Counts I, II, III, and VII, are all untimely, as the EEOC claim was filed beyond the 300-day time limitation for the last set forth in 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in Illinois to file an EEOC charge within 300 days, including for hostile work environment claims.
Watkins v. BNSF Railway Co. · filed 2022-09-21(e)(1)
Every Title VII and ADEA claim, including those alleging hostile work environments, is subject to the 300-day filing deadline.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 180 days of the alleged adverse action before bringing suit.
Murphy v. Cleveland County · filed 2022-09-23(e)(1)
As Defendant correctly asserts, the non-selection decisions of Defendant related to Plaintiff’s applications described in paragraphs 1–6 on pages 16–20 are time-barred because the non-selections/adverse actions took place more than 180 days before Plaintiff’s filing of his underlying EEOC Charge of Discrimination. Title VII requires a plaintiff to exhaust administrative remedies before filing suit in federal court. See 42 U.S.C. §§ 2000e-5(e)(1).Read the full opinion on CourtListener →
In New York, Section 2000e-5(e)(1) requires a Title VII administrative charge to be filed within 300 days of the alleged discriminatory act.
Pearson v. City of New York City Department of Education · filed 2022-09-29(e)(1)
Accordingly, for her claims to be timely, Plaintiff’s Amended Complaint must allege that Defendants committed a discriminatory act on or after September 22, 2018—that is, within 300 days of July 19, 2019.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; in a jurisdiction with a 300-day filing period, discrete acts outside that period cannot support a Title VII claim, though they may serve as background evidence or contribute to a timely hostile work environment claim.
Verne v. New York City Department Of Education · filed 2022-09-30(e)(1)
In sum, Verne’s allegations of Defendants’ wrongdoing that occurred before August 2, 2019, are outside the federal limitations period, and the Court will not consider those allegations in assessing Verne’s federal claims, except for Verne’s hostile work environment claims, and as relevant background evidence.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 or 300 days of the alleged unlawful employment practice; a claim without a timely charge is barred.
Petitt v. Air Line Pilots Association · filed 2022-10-03(e)(1)
A Title VII plaintiff must first file a charge with the Equal Employment Opportunity ... Commission (“EEOC”) within 180 or 300 days of the alleged unlawful employment practice: a claim is barred if it is not the subject of a timely EEOC charge.Read the full opinion on CourtListener →
A Pennsylvania Title VII plaintiff must file an EEOC charge within 300 days of the challenged act; a later promotion denial does not revive an earlier, final denial as a continuing violation.
NELATURY v. THE PENNSYLVANIA STATE UNIVERSITY · filed 2022-10-03(e)(1)
For a Pennsylvania plaintiff’s Title VII or ADEA claim to be timely, a charge must have been filed with the EEOC within 300 days of the allegedly unlawful act. ... For these reasons, Dr. Nelatury’s Title VII, ADEA, Title IX, and PHRA claims for the 2019 refusal to supplement his dossier and 2019 refusal to promote in Counts 5, 8, 11, 14, 20, 23, and 26 will be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely administrative charge; a failure to promote has its own 300-day filing deadline.
Paladino v. Rochester Institute of Technology · filed 2022-10-04(e)(1)
A plaintiff must file her charge of discrimination with the EEOC within 300 days after the date of the alleged discriminatory action. ... Therefore, her Title VII claim premised on that act of discrimination is untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when the charge is cross-filed with a state agency.
Fergus v. Minnesota Office of Higher Education · filed 2022-10-05(e)(1)
Because Fergus cross-filed her EEOC charge with the MDHR, the limitations period for claims made in that charge is 300 days. 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge for a discrete failure to hire or promote; the continuing violation doctrine does not revive a claim filed after the applicable deadline.
Gilliam v. Bertie County Board of Education · filed 2022-10-20(e)(1)
October 2017 is outside the 180-day timeframe required by Title VII and the ADEA. ... Thus, the hiring/promotion of Mr. Perry is not an actionable “unlawful employment practice” under Title VI or the ADEA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Title VII claimant in Illinois 300 days from the alleged discriminatory or retaliatory act to file an EEOC charge.
Wiggins v. Greenwood Motor Lines, Inc. · filed 2022-10-21(e)(1)
In Illinois, “a plaintiff who asserts Title VII and ADEA claims has 300 days from the alleged discriminatory or retaliatory act to file a timely charge of discrimination with the EEOC.” ... Consequently, Wiggins’ Title VII and ADEA claims are time-barred as they stand in the current complaint.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 discriminatory conduct.
Mathews v. Elmore County Commission (CONSENT) · filed 2022-10-24(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1), a formal charge must be filed with the EEOC within 180 days of the discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a charge to be filed within 300 days of the alleged unlawful employment practice.
Papa v. Capital One N A · filed 2022-10-25(e)
Under 42 U.S.C. § 2000e-5(e), a charge must be filed, at the latest, within 300 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 days after the alleged unlawful employment practice.
LEWIS v. MEDICAL CENTER INC · filed 2022-10-28(e)(1)
A Title VII plaintiff must file a charge of discrimination with the EEOC within 180 days “after the alleged unlawful employment practice occurred.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an Illinois Title VII plaintiff to file an EEOC charge within 300 days of the challenged act; earlier acts may provide background for a timely claim.
Brown v. Chicago Transit Authority · filed 2022-11-10(e)(1)
Thus, Brown may pursue his Title VII claims based on those acts and any others within the 300-day period, with the earlier events providing pertinent background.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) limits claims subject to a 300-day EEOC filing period to employment decisions made within 300 days before the charge was filed.
Dove v. Flagler County School Board · filed 2022-11-14(e)(1)
In resolving the Motion, the Court will consider only the eight employment decisions made within the three hundred days before Dove filed her EEOC Charge. See 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge for each discrete failure to promote; in Illinois, the filing period is 300 days.
Bass v. Union Pacific Railroad Company · filed 2022-11-15(e)(1)
Nevertheless, Bass can articulate 13 separate discrete acts that occurred within the appropriate time period, i.e. 300 days of perfecting his claim, in his claim of retaliation/failure to promote.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff in a deferral state 300 days to file an EEOC charge; mental illness warrants equitable tolling only if it actually prevents timely filing.
Banks v. Jackson Park Hospital · filed 2022-11-29(e)(1)
In a deferral state such as Illinois, a plaintiff who asserts ADA claims has 300 days from the alleged discriminatory or retaliatory act to file a charge with the EEOC. ... Plaintiff has failed to demonstrate that equitable tolling is appropriate; therefore, the Court will grant defendant’s motion for summary judgment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of the alleged unlawful employment practice; that deadline operates as a statute of limitations.
Kidd v. Mississippi Department of Human Services · filed 2022-12-09(e)(1)
Regardless, a charge must be filed with the EEOC within 180 days of the alleged unlawful employment practice. ... So, assuming Kidd intended to state a claim based on the transfer, and assuming further that the move would constitute an adverse employment action, the incident is time-barred, and the claim is otherwise waived.Read the full opinion on CourtListener →
In Maryland, a Title VII claimant must file an EEOC charge within 300 days of the alleged discrimination.
Hall v. Chardan, LLC · filed 2022-12-12(e)(1)
Maryland is a “deferral” state, meaning that a Title VII plaintiff must file an EEOC charge within 300 days of the alleged discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an ADA plaintiff to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Mulligan v. Verizon New York Inc. · filed 2022-12-16(e)(1)
By contrast, A plaintiff bringing a claim under the ADA must file a charge with the EEOC within 300 days of the alleged unlawful employment practice. See 42 U.S.C. § 2000e–5(e)(1); 42 U.S.C. § 12117(a); see also Tewksbury v. Ottaway Newspapers, 192 F.3d 322, 325-28 (2d Cir. 1999).Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day period for filing an EEOC charge begins when the employee learns of the allegedly unlawful employment practice.
Brewer v. Affinity Development Group · filed 2022-12-20(e)(1)
The 300-day administrative-filing period commences as soon as an employee is informed of the allegedly unlawful employment practice.Read the full opinion on CourtListener →
Each discrete refusal to promote starts a new 300-day period for filing an EEOC charge, even when it relates to an earlier refusal.
Garrison v. American Sugar Refining, Inc. · filed 2022-12-22(e)(1)
Because plaintiff filed his EEOC charge within 300 days, his Title VII claims arising out of the May 2020 failure-to-promote are timely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in Louisiana to file an EEOC charge within 300 days of the alleged discriminatory conduct.
Sullivan v. Siemens Generation Services Company · filed 2023-01-09(e)(1)
A plaintiff seeking relief under Title VII must first exhaust his administrative remedies with the EEOC, which requires filing a timely charge of discrimination and obtaining notice of a right to sue. See 42 U.S.C. § 2000e-5(e)-(f). In Louisiana a charge of discrimination is timely if it is submitted to the EEOC within 300 days of the alleged discriminatory conduct. ... Plaintiff’s Title VII claim is untimely and must be dismissed.Read the full opinion on CourtListener →
In Illinois, a Title VII claimant must file an EEOC charge within 300 days of a discrete refusal to hire.
Stosur v. Abbott Molecular, Inc. · filed 2023-01-10(e)(1)
Claims under both Title VII and the Age Discrimination in Employment Act must be submitted to the EEOC within 300 days, and then a federal claim filed within 90 days of a decision by the EEOC. See 42 U.S.C.A. § 2000e-5; 29 U.S.C.A. § 626. ... To pursue a claim against Abbott for its failure to hire her in the fall of 2017, Stosur needed to file a EEOC charge within 300 days of that occurrence. She did not do that.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a 180-day period for filing an EEOC charge in this case; once that period expired, amending the complaint could not cure the failure to exhaust.
McCray v. United States Department of Veterans Affairs, Secretary of · filed 2023-01-12(e)(1)
Here, because the alleged constructive discharge occurred “in or about 2020[,]” Doc. 1 at 9 (Compl. ¶ 44), the statutory 180-day period for plaintiff to bring an EEOC charge on that claim has lapsed. See 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
In Mississippi, a Title VII charge must be filed with the EEOC within 180 days of the alleged discrimination; once that period expires, an unexhausted claim may be dismissed with prejudice.
Leech v. Mississippi College · filed 2023-01-17(e)(1)
In Mississippi, such charges must be filed within 180 days of the alleged discriminatory conduct. 42 U.S.C. § 2000e-5(e)(1) (Title VII); 29 U.S.C. § 626(d)(1) (ADEA). ... Because more than 180 days have passed since Leech stopped working for MC, she is time-barred from asserting a disparate-impact claim with the EEOC and exhaustion is no longer possible. These claims are dismissed with prejudice.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; an unverified online inquiry does not satisfy that requirement.
Sims v. Louisiana State · filed 2023-01-25(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1), “[an EEOC] charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred . . . .” ... Sims failed to timely submit an EEOC charge alleging violations of the ADA, and therefore failed to exhaust her administrative remedies as to that claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an administrative charge within 300 days of the alleged unlawful employment practice when the claimant initially pursues relief through a state or local agency.
Paupaw-Myrie v. Mount Vernon City School District · filed 2023-01-30(e)(1)
Before filing suit under Title VII, a plaintiff must exhaust her administrative remedies by filing a charge with the EEOC, or a state counterpart like DHR, within 300 days of the accrual of the claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars claims based on discrete discriminatory acts outside the applicable EEOC charge-filing period.
Walsh v. J.B. Hunt Transport Incorporated · filed 2023-02-07(e)(1)
Thus, any discrete discriminatory acts that are alleged to have occurred prior to June 29, 2021 are not actionable.Read the full opinion on CourtListener →
A Title VII plaintiff who has instituted state or local agency proceedings must file an administrative charge within 300 days of the alleged discriminatory employment practice.
FULTON-WALKER v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY · filed 2023-02-09(e)(1)
For Title VII and ADEA claims, a plaintiff who has instituted state or local agency proceedings must file a charge within three hundred days of the alleged discriminatory employment practice. See 42 U.S.C. § 2000e–5(e)(1); 29 U.S.C. § 612(d)(1)(A).Read the full opinion on CourtListener →
Section 2000e-5(e) gives a plaintiff 300 days from a discriminatory act to file an EEOC charge.
DAVIS v. CAPE MAY COUNTY PROSECUTOR'S OFFICE · filed 2023-02-10(e)
A plaintiff has 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (“EEOC”). See 42 U.S.C. § 2000e–5(e).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of an ADA accommodation denial; repeating the request does not restart that period.
Muckenfuss v. Tyson Fresh Meats, Inc. · filed 2023-02-13(e)(1)
Mr. Muckenfuss had 300 days to file his EEOC charge after an ADA violation. See Sharp v. United Airlines Inc., 236 F.3d 368, 372 (7th Cir. 2001); see also 42 U.S.C. § 2000e-5(e)(1). ... One cannot revive or extend the clock by merely repeating the request. ... the court must grant the motion because this last claim is untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an employee 300 days to file an EEOC charge when the employee first institutes state or local proceedings.
Lilly v. District of Columbia · filed 2023-02-21(e)(1)
Pursuant to Title VII, Mr. Lilly was thus required to file his Charge of Discrimination “within three hundred days after the alleged unlawful employment practice occurred[.]” 42 U.S.C. § 2000e-5(e)(1). ... Calculating 300 days backwards from that date, only Title VII claims occurring on or after May 15, 2013 fall within the timely filing window.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.
Agnew v. Conagra Brands Inc · filed 2023-02-22(e)(1)
To bring a Title VII claim, Mr. Agnew was first required to file a charge of discrimination with the EEOC within 180 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely EEOC charge that gives notice of a hostile work environment claim; the filing period is 300 days.
Hayes v. Clariant Plastics & Coating USA, Inc. · filed 2023-03-06(e)
The allegations contained in her initial Charge, including discrete incidents of discrimination or harassment, are insufficient to properly exhaust her HWE claim. ... Further, the most recent incident of sexual harassment alleged by Plaintiff occurred prior to June 30, 2017, therefore she is time-barred for failing to file her HWE claim within the 300-day limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge to be filed within 180 days of the alleged unlawful employment practice.
Walker-Swinton v. Philander Smith College · filed 2023-03-13(e)(1)
For any pre-2018 claims, the charge came too late, even if it alleged that she faced discrimination “[t]hroughout [her] employment.” See 42 U.S.C. § 2000e- 5(e)(1) (requiring a charge to be filed within 180 days of “the alleged unlawful employment practice”); see also Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 109–10 (2002).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge concerning a discrete discriminatory act to be filed within 300 days when the claimant files with a state agency.
Salomon v. Massachusetts Housing Finance Agency · filed 2023-03-21(e)(1)
For discrete acts that give rise to a disparate treatment claim, that means that the allegedly unlawful employment practice must have occurred within 300 days before the filing of the administrative charge. Salomon filed his MCAD complaint on December 23, 2019. Therefore, only acts that occurred between February 26, 2019 and December 23, 2019 may form the basis for Defendant’s liability for Salomon’s disparate treatment claim under either Title VII or Chapter 151B.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a 300-day deadline for filing a Title VII discrimination charge.
Rice v. KBR · filed 2023-03-23(e)(1)
Second, Rice’s sexual harassment claims must be dismissed because she did not timely exhaust the claims. Rice filed her OFCCP complaint on September 10, 2020, more than one year after her most recent alleged incident of sexual misconduct in July 2019, exceeding every applicable deadline. 42 U.S.C. § 2000e-5(e)(1) (within 300 days under Title VII); 41 C.F.R. §60-1.21 (within 180 days under regulations governing OFCCP discrimination charges); 43 P.S. § 959(h) (within 180 days under the PHRA). In response to KBR’s motion for judgment on this basis, Rice did not controvert the above facts or provide any grounds to excuse her delay.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on conduct more than 300 days before the employee files an EEOC charge.
Smith v. Cipolla · filed 2023-03-27(e)(1)
October 17, 2017, is 300 days before that. Any conduct before then therefore isn’t actionable under Title VII. See 42 USC § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a Title VII claim based on an alleged adverse action that occurred more than 180 days before the plaintiff filed an EEOC charge.
Kroboth v. Eli Lilly and Company · filed 2023-03-29(e)(1)
As these alleged adverse actions took place before April 13, 2018, or 180 days before plaintiff filed his first EEOC charge on October 10, 2018, plaintiff is time-barred from promoting them as independent bases for relief. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122 (2002); 42 U.S.C. § 2000e–5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on conduct more than 300 days before an EEOC charge when the 300-day filing period applies.
Washburn v. Kingsborough Community College · filed 2023-03-29(e)(1)
“A Title VII plaintiff must file a charge with the EEOC within 300 days ‘after the alleged unlawful employment practice occurred’; claims based on conduct that occurred more than 300 days before the plaintiff filed [their] EEOC charge are time barred.” ... At this juncture, to the extent that any allegation may state a claim, the Court cannot conclude whether they are time barred. Accordingly, Defendants’ motion to dismiss any claims as time barred is denied, without prejudice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee who first proceeds before a state agency to file a discrimination charge within 300 days of the alleged unlawful employment practice.
Pleasant v. Arts and Humanities Council of Tulsa, Inc. · filed 2023-03-31(e)(1)
Under the provision, an employee must file a charge of discrimination with the EEOC within 300 days of the alleged unlawful employment practice giving rise to the charge when, as in the present case, the employee has initially instituted proceedings with a state agency. ... Notably, however, Plaintiff does not refute the fundamental premise of Defendant’s argument, namely, that Plaintiff failed to include retaliation and genetic information in her Charge and is, therefore, barred from asserting those claims now—more than 300 days from the last alleged discriminatory act. Accordingly, Plaintiff’s state-law and federal claims for retaliation and genetic information discrimination must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows at most 300 days after the last discriminatory act to file an EEOC charge.
Clark v. 10 Roads Express · filed 2023-04-10(e)(1)
42 U.S.C. § 2000e- 5(e)(1) restricts the filing of EEOC charges to, at most, 300 days from the last discriminatory act.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 alleged practice occurred in a state with an agency authorized to address it and the employee initially filed with that agency.
Goins v. United Parcel Service Inc · filed 2023-04-20(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1), a Title VII plaintiff must file a charge with the EEOC within 300 days “after the alleged unlawful employment practice occurred” if it occurred in a state that has an entity with the authority to grant or seek relief with respect to the alleged unlawful practice and the employee initially filed a grievance with that agency.Read the full opinion on CourtListener →
The continuing effects of a discrete discriminatory act do not extend § 2000e-5(e)(1)’s EEOC charge deadline.
Logan v. Midfield, City of · filed 2023-04-24(e)(1)
Logan’s complaint that Chief Bell removed her access to the payroll system is a discrete act. Her continued lack of access does not somehow transform the alleged discriminatory act into a continuing violation. Accordingly, the court finds that this claim would be untimely even if it had been exhausted.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires a Title VII claimant to file an EEOC charge within 180 days of the alleged unlawful act.
Wright v. EClerx, LLC · filed 2023-05-05(e)(1)
Second, an individual alleging discrimination in violation of Title VII must first file an administrative charge with the Equal Employment Opportunity Commission (EEOC) generally within 180 days of the alleged unlawful act. 42 U.S.C. § 2000e-5(e)(1). ... Thus, the Court determines that plaintiffs Title VII claims are time-barred.Read the full opinion on CourtListener →
In a non-deferral state, § 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 days, subject to equitable tolling when warranted.
GORHAM v. HOUSTON HEALTHCARE SYSTEM INC · filed 2023-05-12(e)(1)
In a non-deferral state like Georgia, a plaintiff must file an EEOC charge within 180 days of the last alleged discriminatory act. Watson v. Blue Circle, Inc., 324 F.3d 1252, 1258 (11th Cir. 2003) (citing 42 U.S.C. § 2000e–5(e)(1)). ... But because Gorham did not do so until well over six years after her termination, she is not entitled to equitable tolling.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars discrimination claims based on acts that occurred before the applicable EEOC charge-filing period.
Tang v. Eaton Corporation · filed 2023-05-16(e)(1)
Thus, any alleged acts of discrimination which pre-date May 1, 2019 are time-barred under 42 U.S.C. § 2000e-5(e)(1) and 29 U.S.C §626(d)(1)(B).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims arising from a hiring decision when the employee files an EEOC charge more than 300 days after being hired.
Jackson v. Wyandotte County, Kansas, Unified Government of · filed 2023-05-25(e)(1)
Plaintiff filed the charge on October 5, 2020. She was hired on October 19, 2019. This is more than 300 days before she filed the charge. See 42 U.S.C. § 2000e-5(e)(1); Morgan, 536 U.S. at 109. Any claim arising out of the hiring process, therefore, is untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge alleging discrimination under Title VII or the ADA to be filed within 300 days of the alleged unlawful act.
Xu v. Lightsmyth Technologies, Inc. · filed 2023-05-25(e)(1)
Plaintiffs have 300 days after an alleged discriminatory action to file a charge under the ADA and one year to file a charge under Oregon law. 42 U.S.C. § 2000e-5(e)(1); Or. Rev. Stat. § 659A.875(1)(a). Therefore, all alleged incidents occurring before April 25, 2018 are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a 300-day period for filing an EEOC charge; older harassment separated from timely incidents by a substantial gap falls outside the same hostile work environment claim.
Walker v. City of Markham · filed 2023-06-09(e)(1)
As an initial matter, the food-related comments Genius allegedly made between 2008 and 2010 about fried chicken and grape soda do not form part of the same “adverse action” as the remaining comments and fall outside the 300-day limitations period for filing a charge with the EEOC. See 42 U.S.C. § 2000e-5(e)(1) (establishing this 300-day limitations period).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed within 180 days after the alleged unlawful employment practice occurred.
OLDHAM v. UNIVERSITY OF NORTH CAROLINA · filed 2023-06-13(e)(1)
Title VII provides that a charge of discrimination “shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day EEOC charge period bars claims filed after that deadline.
McGath v. Steward Trumbull Memorial Hospital, Inc. · filed 2023-06-20(e)(1)
McGath filed her discrimination charge on June 8, 2021, well outside the 300-day limitations period. Therefore, Counts III and V are time-barred and Steward is entitled to dismissal of these counts.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s charge filing period bars Title VII claims based on acts more than 300 days before the charge.
Jabari-Kitwala v. Montgomery County Public Schools · filed 2023-06-23(e)(1)
Because the Plaintiff filed his Charge on September 29, 2021, any allegations that occurred prior to December 3, 2020, are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives employees in deferral states 300 days to file an EEOC charge; alleged discriminatory acts outside that period are time-barred.
Hill v. Oak Street Health MSO LLC · filed 2023-06-27(e)(1)
As a general rule, plaintiffs must file a charge of discrimination with the EEOC within 180 days of an alleged discriminatory action. 42 U.S.C. § 2000e-5(e)(1). In “deferral states” such as Michigan—where state agencies have a work-sharing agreement with the EEOC—plaintiffs have 300 days from the alleged unlawful acts to file a charge of discrimination for purposes of Title VII. ... Given the timing of Plaintiff’s charge, any discriminatory incidents that occurred prior to June 14, 2020 fall outside of the Title VII 300-day filing period in deferral states. Accordingly, Plaintiff’s Title VII claims prior to June 14, 2020 are time-barred and will not be considered by the Court.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Adkins v. Pilot Flying J · filed 2023-06-30(e)(1)
Under Title VII, an aggrieved employee must 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)’s 300-day charge filing period permitted a charge filed 57 days after the alleged retaliation.
Caez v. Universidad de Puerto Rico · filed 2023-07-11(e)(1)
Upon this alleged retaliatory act, she had 300 days to file her charge before the EEOC and she did so, well within the limitations period—that is, 57 days after the “alleged unlawful employment practice occurred.”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 action.
Loyd v. Ruston · filed 2023-07-26(e)(1)
42 U.S.C. § 2000e-5(e)(1) requires an EEOC Charge of Discrimination (“Charge”) to be filed within 300 days of the alleged unlawful employment action. ... Since the October 2, 2017 letter was outside of the prescriptive period, it is prescribed. However, since the December 14, 2020 letter was inside of the prescriptive period, it has not prescribed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires an EEOC charge to be filed within 180 days of the challenged act.
Bess v. Fulton County Sheriff's Office · filed 2023-07-27(e)(1)
As a general rule, EEOC charges must be filed within 180 days of the date of the challenged act. 42 U.S.C. § 2000e-5(e)(1). Thus, under the 180-day rule, any charge based on the failure to promote should have been filed no later than September 21, 2022.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 the challenged act.
King v. North Amityville Fire Company, Inc. · filed 2023-07-27(e)
As such, all Title VII claims that are based on incidents that occurred prior to September 12, 2017—300-days prior to the filing of her NYSDRH charge—are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1), applied to ADA claims through § 12117(a), requires a charge to be filed within 300 days of the alleged discriminatory act.
Campbell-Davis v. Cook County Health & Hospital System · filed 2023-08-01(e)(1)
Since she filed her charge of discrimination over 300 days after the alleged act of discrimination occurred, see 42 U.S.C. § 2000e- 5(e)(1); 42 U.S.C. § 12117(a), her suit is untimely and must be dismissed.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an Illinois plaintiff seeking relief for employment discrimination to file an EEOC charge within 300 days of the alleged unlawful practice.
De Lion v. CRRC Sifang America, Inc. · filed 2023-08-01(e)(1)
Plaintiffs in Illinois seeking relief for employment discrimination must file a charge with the EEOC within 300 days of the alleged unlawful employment practice.Read the full opinion on CourtListener →
A Title VII retaliation charge filed more than 180 days after the challenged action is untimely.
Chames v. Calhoun County Sheriff's Department · filed 2023-08-08(e)(1)
The court agrees with Wade that Chames failed to file a charge of retaliation against Wade within 180 days of the unlawful action and GRANTS Wade’s motion to dismiss on that count.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an ADA claimant 300 days to file a charge after a discriminatory act; a new accommodation denial can start a new filing period.
Braa v. Costco Wholesale Corporation · filed 2023-08-08(e)(1)
A plaintiff has 300 days after an alleged discriminatory action to file a charge under the ADA and one year to file a charge under Oregon law. See 42 U.S.C. § 2000e-5(e)(1); Or. Rev. Stat. § 659A.875(1)(a). ... Because Costco’s March 2020 accommodation denial occurred within the statute of limitations period, Plaintiff’s failure to accommodate claim is not time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge of discrimination to be filed within 180 days of the alleged discriminatory act.
Armstrong v. University of Arkansas at Little Rock · filed 2023-08-29(e)(1)
Summary judgment is granted on Armstrong’s sexual harassment claim because it is time-barred. This is true because a charge of discrimination must be filed within 180 days of the discriminatory acts at issue in the charge. 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an Illinois plaintiff to file a Title VII charge within 300 days, but a hostile work environment claim may include earlier acts when a contributing act occurs within that period.
Corona v. City of Chicago, Department of Animal Care and Control · filed 2023-08-31(e)(1)
A plaintiff in Illinois who wishes to bring a Title VII claim must first file an administrative charge with the EEOC within 300 days of the allegedly unlawful employment practice. ... And because Plaintiff alleges that the latest of these acts—when Del Rio disclosed details about the sexual assault to City employees and told them that Plaintiff had ruined his life—occurred within the applicable limitations period in June 2021, she has plausibly alleged that the continuing violation doctrine applies to her Title VII claims.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge for each adverse employment action pursued under Title VII.
Donald v. Novant Health, Inc. · filed 2023-09-01(e)(1)
Donald cannot pursue a retaliation claim under Title VII in count one, a race or color discrimination claim under Title VII in count two, or an ADEA claim in count three for adverse employment action that occurred before October 30, 2020.Read the full opinion on CourtListener →
In Michigan, an employee must file an EEOC charge within 300 days of a discrete discriminatory act; an earlier act cannot form the basis of a Title VII discrimination claim.
Mustafa v. Ford Motor Company · filed 2023-09-07(e)(1)
Only Mustafa’s termination falls within the 300-day period preceding his EEOC charge and can form the basis for his discrimination claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a discrimination charge when the claimant has first initiated proceedings with an authorized state or local agency.
Alusi v. Frisco, Texas, City of · filed 2023-08-24(e)(1)
At the outset, even though unchallenged by the City, the Court notes that Alusi has properly exhausted his Title VII claims by filing a Charge of Discrimination with both the Texas Workforce Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) on July 27, 2020, well within the requisite filing period mandated by statute.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Washington employee to file an EEOC charge within 300 days of the alleged unlawful occurrence.
Diemert v. City of Seattle · filed 2023-08-28(e)(1)
To bring a claim under Title VII, a Washington employee must file a charge with the EEOC within 300 days of the alleged unlawful occurrence.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) imposes a 180-day EEOC charge deadline in this setting; attorney negligence and generalized pandemic delays do not justify tolling it.
Smith v. Lowes Companies, Inc · filed 2023-08-30(e)(1)
A charge must be filed within 180 days of the alleged discrimination. 42 U.S.C. § 2000e-5(e)(1). ... Smith failed to exhaust his administrative remedies. And there is no basis for equitable tolling. So his claims must be dismissed with prejudice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a discrimination charge when the claimant files with an appropriate state or local agency.
Kane v. Advanced Care Staffing, LLC · filed 2023-09-06(e)(1)
Plaintiff filed a charge of discrimination with NYSDHR on August 27, 2019, well within the 300-day period provided by federal law.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge within 300 days of the alleged discriminatory act before a Title VII claim can be brought in federal court.
SMITH v. RUSHING · filed 2023-09-13(e)(1)
Indeed, before an aggrieved party can file a federal complaint under either Title VII, the ADEA and the ADA, the aggrieved party must first timely file a claim with the EEOC within 300 days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge before a Title VII suit, and the filing deadline may be equitably tolled.
Warren v. PSA Airlines · filed 2023-09-14(e)(1)
Thus, the Court declines to toll Title VII’s requirements, and Warren failed to exhaust her administrative remedies under Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a Title VII charge when the employee files with a state agency authorized to address the alleged discrimination.
GIBSON v. CENTURION HEALTH OF INDIANA/MHM SERVICES, INC. · filed 2023-09-15(e)(1)
Because the ICRC possesses the authority to address the alleged discrimination under Indiana Code § 22-9-1-11, it appears that Mr. Gibson met the 300-day filing deadline.Read the full opinion on CourtListener →
In a deferral state, a Title VII claimant has 300 days to file an EEOC charge, and a hostile work environment claim is timely if an act contributing to it occurs within that period.
Williams v. Whitley Memorial Hospital, Inc. d/b/a Parkview Warsaw Medical Complex · filed 2023-09-18(e)(1)
In light of this authority, the Court finds the last act of alleged harassment underlying the hostile work environment claim was Parkview placing Ms. Williams on a PIP on October 29, 2019, which is within 300 days of when Ms. Williams filed her EEOC charge. Accordingly, Ms. Williams timely filed her EEOC charge, and Parkview is not entitled to summary judgment on the basis of the statute of limitations.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge in Maryland to be filed within 300 days of the alleged unlawful employment practice.
Grant v. Prince George's County, Maryland · filed 2023-09-18(e)(1)
Where the original EEOC charge was filed on March 4, 2019, Defendants correctly state that Plaintiffs may not pursue a Title VII claim based on the removal of Sgt. Grant from the FBI Task Force in 2017.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of an adverse action; related discrete acts outside that period cannot be revived by the continuing violations doctrine.
Rose v. Dignity Health · filed 2023-09-20(e)(1)
Plaintiff’s “series of related acts” approach is therefore unpersuasive to the extent that Plaintiff attempts to base her cause of action on actions that were taken outside of the statutory period. However, the action taken after February 27, 2020—namely, Defendant’s failure to renew physician appointment status—is not barred by the statute of limitations.Read the full opinion on CourtListener →
A Title VII claimant in Pennsylvania must file an EEOC charge within 300 days; earlier hostile work environment acts may be considered if a related act occurred within that period.
Mudie v. Philadelphia College of Osteopathic Medicine · filed 2023-09-25(e)(1)
To bring her Title VII suit, Mudie was required to “first file a complaint with the EEOC within 300 days of the alleged unlawful employment practice.” ... Under the doctrine, when at least one component act of a hostile work environment occurred within the limitations period, courts may consider earlier component acts that are “part of the same unlawful employment practice.” ... So the continuing violation doctrine does not apply.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 employment practice, a deadline that also governs ADA claims.
Larochelle v. Lynott · filed 2023-09-25(e)(1)
The ADA adopts certain “powers, remedies, and procedures” set forth in Title VII, 42 U.S.C. § 12117(a), including 42 U.S.C. § 2000e-5, which requires that a claimant file a charge of discrimination “within three hundred days after the alleged unlawful employment practice occurred[.]” 42 U.S.C. § 2000e-5(e)(1). Thus, the only acts for which Plaintiff might recover ... under the ADA are those occurring on or after July 22, 2020.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a deferral jurisdiction when the plaintiff timely files with the state agency; earlier claims are time barred.
Qiu v. Board of Education of Woodford County Public Schools · filed 2023-09-27(e)(1)
Qiu’s Charge of Discrimination (the “EEOC Complaint”) was filed with the Kentucky Commission on Human Rights and the EEOC on or about December 15, 2021, entitling her to a 300-day statute of limitations on discrimination alleged pursuant to 42 U.S.C. § 2000e- 5(e)(1). As such, Qui’s earliest actionable claim against the Board could be no earlier than February 18, 2021. All earlier claims would be time barred.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 alleged discriminatory act.
Mars v. Dana Inc. · filed 2023-09-27(e)(1)
Before bringing a Title VII race discrimination claim in federal court, plaintiffs must file a charge of discrimination with the EEOC within 300 days of the date on which the discriminatory act occurred. ... Therefore, her race-based discrimination and retaliation claims are barred by the statute of limitations. 42 U.S.C. § 2000e-5(e)(1); Amini, 259 F.3d at 498.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an administrative charge within 300 days of the discriminatory act; extraordinary circumstances may warrant equitable tolling of that deadline.
Cartwright v. T-Mobile US, Inc. · filed 2023-09-13(e)(1)
Specifically, an employee must file a charge with the EEOC or state administrative agency within 300 days of the discriminatory act. ... In sum, Cartwright fails to allege any extraordinary circumstances that would warrant equitable tolling of the time in which to file a charge with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file a Title VII charge with a state or local agency, and a state court order does not toll that federal deadline.
O'Horo v. Boston Medical Center Corp. · filed 2023-09-27(e)(1)
Accordingly, I find that the SJC Order did not toll the statute of limitations for Dr. O’Horo’s Title VII claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff who initially pursued state or local agency proceedings to file an EEOC charge within 300 days of the alleged discrimination.
DeCarlo v. U.S. Renal Care, Inc. · filed 2023-09-28(e)(1)
For Title VII claims for which the charging party “has initially instituted proceedings with a State or local agency[,]” as DeCarlo did here (see Doc. No. 6 ¶ 15), the party must file a charge of discrimination within 300 days of an alleged act ... of discrimination. 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Notes 8851–9000 of 12,143, oldest cases first.
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