Statute Annotations › Federal › 42 U.S.C. § 2000e-5

42 U.S.C. § 2000e-5

Enforcement provisions: the cases that interpreted this section

Jurisdiction
Federal
Case notes
12,143
Cited in passing
9,679
Citing cases indexed
29,359
Case dates
1966–2026
Screened through
2026-06-29
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

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.

Filing deadlines

Section 2000e-5(e)(1) sets a 180-day charge-filing period, extended to 300 days in deferral jurisdictions; separate procedures govern complaints against federal agencies.

Ayala v. Shinseki · filed 2015-03-06(e)(1)

Section 2000e-5(e)(1) sets out a general limitations period of 180 days for a plaintiff to file a charge of discrimination against her employer. ... However, federal agencies are excluded from the definition of the term "employer."
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Section 2000e-5(e)(1) requires a discrimination charge within 180 days of the alleged unlawful practice, extended to 300 days when the charge is filed with a local authority.

Massey v. Gray · filed 2015-03-27(e)(1)

Ordinarily, a plaintiff must file her charge of discrimination “within one hundred and eighty days after the alleged unlawful employment practice occurred . . . .” 42 U.S.C. § 2000e-5(e)(1); see 42 U.S.C. § 12117(a) (adopting “[t]he powers, remedies, and procedures set forth in [42 U.S.C. §] 2000e-5” to claims under the ADA). The 180-day period is extended to a 300-day period if the aggrieved person opts to file her charge of discrimination with a local authority, such as the District of Columbia Office of Human Rights. ... Plaintiff filed her charge of discrimination on March 20, 2013, well beyond the expiration of the 300-day period.
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Section 2000e-5(e)(1) generally requires a New York employee to file an agency charge within 300 days of the challenged employment act before suing under the ADA.

Clark v. Jewish Childcare Ass'n · filed 2015-03-31(e)(1)

Any allegation, therefore, that JCCA failed to accommodate Plaintiff in 2008 is time-barred.
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Section 2000e-5(e)(1) gives a claimant in a deferral state 300 days from the alleged discriminatory act to file an EEOC charge.

Mercer v. SEPTA · filed 2015-04-01(e)(1)

Since the matter originated in Pennsylvania, which is a deferral state with a state agency that has authority to investigate employment discrimination charges, the plaintiff is permitted to file charges with the EEOC within 300 days of the alleged discriminatory act under the provisions of 42 U.S.C. § 2000e–5(e)(1).
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Section 2000e-5(e) bars Title VII claims based on discrete acts that occurred more than 300 days before an EEOC charge was filed in a deferral state.

Hyland v. Smyrna School District · filed 2015-04-21(e)

First, we agree with the District Court that the claims that are based on alleged events that occurred more than 300 days before Hyland filed her first charge with the EEOC are time-barred.
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Section 2000e-5(e)(1) requires a timely EEOC discrimination charge before a Title VII employment discrimination suit may be filed.

Krushwitz v. University of California · filed 2015-04-07(e)(1)

She did not file a timely discrimination charge with the ... EEOC, required as a precondition for filing suit under these provisions. 42 U.S.C. § 12117(a); 42 U.S.C. § 2000e–5(e)(1).
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When the date a plaintiff received a right-to-sue notice is unknown, courts presume receipt three days after it was mailed when calculating the 90-day filing period.

Jenkins v. City of San Antonio Fire Dept · filed 2015-04-20(f)(1)

We conclude that, where the date of receipt is not known, ... courts should apply a presumption that the plaintiff received the notice in three days.
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Section 2000e-5(f)(1) requires Title VII claimants to file suit within 90 days of receiving an EEOC right-to-sue letter.

Lee v. Columbia/HCA of New Orleans, Inc. · filed 2015-05-20(f)(1)

Title VII claimants must file suit within 90 days of receipt of an EEOC right-to-sue letter. 42 U.S.C. § 2000e-5(f)(l); see also Taylor, 296 F.3d at 379.
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A suit satisfies the 90-day filing period when a timely filed complaint is later reinstated under state law, reactivating the original action.

Montano v. Public Service Company of NM · filed 2015-04-23(f)(1)

If dissatisfied, Mr. Montano could sue within 90 days of the agency’s determination. See 42 U.S.C. § 2000e-5(f)(1) (2012); N.M. Stat. Ann. § 28-1-13(A) (2005). ... Under Wershaw, the suit is deemed “filed” in November 2012 because that suit was eventually reactivated. With a filing date in November 2012, the action was timely.
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Section 2000e-5(f)(1) starts the 90-day period for filing a Title VII suit when the claimant receives an EEOC right-to-sue letter, even if the EEOC earlier mistakenly treated the charge as withdrawn.

Hansen v. Jones Lang LaSalle Americas, Inc. · filed 2015-04-28(f)(1)

It is well established that the 90-day period in which to bring a Title VII lawsuit runs from plaintiffs receipt of an EEOC right-to-sue letter. ... There is no support for the proposition that the 90-day time period runs from any other date — let alone that it should commence on the date that the EEOC wrongfully approves a withdrawal that was never requested.
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Section 2000e-5(e)(1) bars a Title VII claim based on a discrete act when the employee files a charge after the applicable deadline.

Chung v. El Paso County/Colorado Springs School District 11 · filed 2015-07-21(e)(1)

A claim not filed within these statutory limits is time-barred. ... Accordingly, any Title VII claim based on this act is time-barred.
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Section 2000e-5(e)(1) requires a timely charge for each discrete discriminatory act; older acts cannot be revived through a continuing violation theory.

Rebouche v. Deere & Company · filed 2015-05-26(e)(1)

Title VII requires a person claiming discrimination to file a charge “within one hundred and eighty days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... We therefore may not consider the alleged discriminatory acts Rebouche encountered in 1998 and 2001, regardless of their merit, as they occurred years before she filed a formal complaint.
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Section 2000e-5(e)(1) requires an EEOC complaint within 180 days of the alleged discrimination, extended to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis.

Ilaw v. United States · filed 2015-06-04(e)(1)

An EEOC complaint, however, must be filed within 180 days of the last alleged incident of discrimination. The 180 day deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis as in the federal law. ... Because plaintiff’s employment was terminated on September 14, 2010, his second EEOC complaint, filed on October 20, 2011, more than a year later, was time barred.
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Section 2000e-5(e)(1) requires a Title VII discrimination charge within 300 days; earlier hostile work environment acts are actionable only if a related act contributing to the same practice occurred within that period.

Martinez v. Southwest Cheese Co. · filed 2015-06-18(e)(1)

As the district court recognized, both Title VII and the NMHRA require a plaintiff to file a charge of discrimination within three hundred days of an alleged unlawful employment practice. ... Under these circumstances, Ms. Martinez’s claims were time-barred, and we affirm the grant of summary judgment on her hostile work environment claims.
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Section 2000e-5(f)(1)’s ninety-day deadline is satisfied when a complaint is delivered to the clerk with an in forma pauperis application, even if the filing fee is paid later.

Escobedo v. Apple American Group · filed 2015-06-04(f)(1)

We now hold that the filing date of a complaint is the date it is delivered to the clerk, whether it is submitted with or without an IFP application.
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Section 2000e-5(f)(1) gives a plaintiff ninety days after receiving a right-to-sue notice to file suit; when the actual receipt date is established, that date controls.

Strothers v. City of Laurel · filed 2015-07-27(f)(1)

Accordingly, there is no reason to find that the letter should be deemed received before Strothers actually received it on July 5, 2014, and her Complaint therefore was filed timely within the ninety-day limitations period.
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Section 2000e-5(e)(1) requires an employment discrimination charge to be filed within 300 days of the alleged unlawful practice where the extended filing period applies.

Kahriman v. Wal-Mart Stores, Inc. · filed 2015-07-14(e)(1)

Under both Title VII and chapter 151B, a plaintiff must file an administrative complaint with the MCAD or the EEOC within 300 days of the date of the occurrence of the alleged unlawful employment practice.
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Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the alleged violation before pursuing a Title VII claim.

Arredondo v. Estrada · filed 2015-07-27(e)(1)

To assert a Title VII claim, a plaintiff must.first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within, at most, 300 days of the asserted violation, 42 U.S.C, § 2000e-5(e)(1); EEOC v. WC & M Enterprises, Inc., 496 F.3d 393, 398 (5th Cir.2007).
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Section 2000e-5(f)(1) gives a Title VII plaintiff 90 days to file suit after the plaintiff’s attorney receives the right-to-sue letter.

Gray-Brock v. Illinois American Water Compan · filed 2015-07-23(f)(1)

But Brock concedes that her attorney received the letter, and that’s enough to trigger the statute of limitations. ... Brock did not file her federal complaint until five months after her attorney received notice of her right to sue, well beyond the 90-day limit for Title VII claims.
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Section 2000e-5(f)(1) gives a plaintiff ninety days after receiving an EEOC right-to-sue notice to file a lawsuit.

Gamel v. Grant Prideco, L.P. · filed 2015-09-11(f)(1)

Plaintiffs have ninety days from the date they receive this notice from the EEOC, i.e., a right-to-sue letter, to file a lawsuit. ... Because Grant Prideco submitted sufficient evidence to create a presumption that Gamel received the right-to-sue letter from the EEOC on May 23, 2014, and because Gamel failed to rebut this presumption, Gamel’s lawsuit was not timely.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within ninety days of receiving a right-to-sue letter.

Garcia v. Penske Logistics, L.L.C. · filed 2015-11-02(f)(1)

A plaintiff must file her civil suit within ninety days of receipt of a right-to-sue-letter.
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Section 2000e-5(f)(1) gives a claimant ninety days after receiving an EEOC right-to-sue letter to bring suit; the deadline is subject to equitable tolling.

Alridge v. Rite Aid of Washington, D.C., Inc. · filed 2015-11-30(f)(1)

If the EEOC declines to file a civil action on behalf of the plaintiff under Title VII, as the EEOC did in the instant case, the aggrieved person may bring an action against his employer within ninety days of receiving his right to sue letter from the EEOC, 42 U.S.C. § 2000e-5(f)(1). ... The defendant argues, and the Court agrees, that the plaintiff did not timely file his lawsuit alleging violation of Title VII because the EEOC mailed the plaintiff his right-to-sue letter on August 19, 2013 but the plaintiff did not file the instant complaint until November 19, 2014, more than a year later, and well outside the ninety-day statutory period.
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Section 2000e-5(e), incorporated into the ADA by § 12117, requires a charge filed with an equivalent state agency within 300 days of the discriminatory act.

Christiansen v. Omnicom Group, Inc. · filed 2016-03-09(e)

Plaintiff did not file his NYSDHR complaint until December 17, 2014, placing his ADA claim well outside the applicable 300-day limitation period set forth in 42 U.S.C. §§ 2000e-5(e) and 12117.
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Section 2000e-5(e)(1) requires an EEOC charge within 300 days of an alleged unlawful employment practice; discrete discrimination and retaliation acts outside that period are not actionable.

Anderson v. City of San Francisco · filed 2016-03-14(e)(1)

Under Title VII, a plaintiff must file an EEOC charge within 300 days after the alleged unlawful employment practice occurred. 42 U.S.C. § 2000e-5(e)(1). ... For this reason, only the acts within the statute of limitations will be considered for Plaintiffs Title VII discrimination and retaliation claims.
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Section 2000e-5(f)(1) gives a Title VII plaintiff 90 days to sue after receiving an EEOC right-to-sue notice; if the plaintiff fails to update her address, the period may begin when the notice would have reached her former address.

Mack v. Delta Air Lines, Inc. · filed 2016-01-15(f)(1)

Because Mack failed to satisfy her minimal burden of ensuring delivery of the right-to-sue notice, the 90-day limitation period began running on the date on which Mack would have received the EEOC’s initial right-to-sue notice at her former address.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to sue within ninety days after receiving an EEOC right-to-sue notice, unless tolling is warranted.

McDaniel v. Kraft Global Foods · filed 2016-02-01(f)(1)

Upon de novo review, we conclude ... that the dismissal was proper, as McDaniel’s own filings showed that she brought her lawsuit more than ninety days after receiving a right-to-sue notice from the Equal Employment Opportunity Commission, and tolling of the limitations period was not warranted.
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Section 2000e-5(e)(1) bars claims based on discrete discriminatory or retaliatory acts occurring more than 300 days before the charge was filed.

Booth v. County Executive · filed 2016-05-11(e)(1)

Defendants correctly argue that Booth may not pursue any discrete claims arising more than 300 days before April 20, 2015, the date that Booth filed a charge of discrimination with the EEOC. Consequently, Booth may not pursue claims based on discrete acts of discrimination or retaliation occurring before June 24, 2014, such as the alleged proposed suspension of Booth in 2008.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days of notice of the right to sue; adequate actual notice can start the period before physical receipt of the letter.

Waring v. Miami-Dade County · filed 2016-03-23(f)(1)

Even assuming that Plaintiff did not learn of the Right .to Sue letter until December 31, 2014, which is contradicted by her own testimony, the 90-day time period would still have expired prior to Plaintiffs filing of her Complaint.
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Section 2000e-5(f)(1) gives a plaintiff bringing an ADA employment discrimination claim ninety days after receiving an EEOC right-to-sue notice to file suit.

Zamora v. GC Services, L.P. · filed 2016-04-26(f)(1)

A plaintiff alleging employment discrimination in violation of the ADA must file a civil action no more than ninety days after receiving notice of the right to sue from the Equal Employment Opportunity Commission (“EEOC”). See Dao v. Auchan Hypermarket, 96 F.3d 787, 789 (5th Cir. 1996) (citing 42 U.S.C. § 2000e-5(f)(1)). ... This record contains a dispute of material fact regarding whether the EEOC mailed the notice on August 19 or August 20.
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Section 2000e-5(e)(1) requires an EEOC charge within 180 days of the alleged discriminatory act, or within 300 days if the claimant instituted proceedings with a qualifying state or local agency.

Elzeneiny v. District of Columbia · filed 2016-07-01(e)(1)

Specifically, an aggrieved individual must file a charge within 180 days of the alleged discriminatory act, unless she has “instituted proceedings with a State or local agency with authority to grant or seek relief from such practice,” in which case she must file the charge within 300 days. See 42 U.S.C. § 2000e–5(e)(1).
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Section 2000e-5(e)(1) allows 300 days to file an ADA discrimination charge when the claimant also files with a state agency authorized to address the charge, even if state law does not provide the same accommodation remedy.

Equal Employment Opportunity Commission v. Dolgencorp, LLC · filed 2016-07-07(e)(1)

In contrast, here, the THRC has the ability to grant or seek relief because the TDA applies to defendant and the THRC retains subject matter jurisdiction over discrimination charges filed against defendant. Consequently, the Court finds that defendant’s second argument also fails, and the Court applies the 300-day limit. Because Atkins dual-filed her charge with the EEOC and the THRC within 300 days of the alleged discriminatory act, the claims asserted are timely.
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Section 2000e-5(f)(1) requires a Title VII claimant to file suit within ninety days of receiving an EEOC right-to-sue letter.

McDuffie v. Broward County · filed 2016-05-25(f)(1)

Title VII requires a complainant seeking relief under its provisions to file suit within ninety days of receiving a right-to-sue letter from the EEOC.
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Section 2000e-5(f)(1)’s ninety-day period for filing suit does not begin until the claimant receives a right-to-sue letter.

Romans v. Incline Village General Improvement District · filed 2016-07-26(f)(1)

Because Romans did not receive a right to sue letter, the ninety-day statute of limitations was never triggered.
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Section 2000e-5(f)(1) makes a Title VII suit filed 523 days after the EEOC issues a right-to-sue letter untimely.

Parker v. UGN Inc. · filed 2016-06-30(f)(1)

There is no doubt that Parker waited too long—523 days—to pursue his federal discrimination claims. See 29 U.S.C. § 626(e); 42 U.S.C. § 2000e-5(f)(1); Averhart v. Sheriff of Cook County, Ill., 752 F.3d 1104, 1106 (7th Cir. 2014); Houston v. Sidley & Austin, 185 F.3d 837, 838–39 (7th Cir. 1999).
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Section 2000e-5(f)(1)’s 90-day filing period runs from delivery of the right-to-sue notice to the claimant’s last address given to the EEOC when the claimant failed to report a move.

Edwards v. Johnson · filed 2016-07-29(f)(1)

As there is no evidence of the actual date of delivery, the Court assumes the June 10, 2015 EEOC decision, addressed to the address that Edwards provided to the EEOC was timely delivered. Accordingly, the ninety day period began to run at the latest on June 15, 2015.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to sue within ninety days of receiving a right-to-sue notice; voluntarily dismissing a timely suit does not toll that period.

Crenshaw v. Diamond State Port Corp. · filed 2016-08-11(f)(1)

A claim brought under Title VII must be filed within ninety days of plaintiffs receipt of the right to sue letter. ... Since the timely-filed 2011 case was voluntarily dismissed in 2012, the time to refile the claim has long since passed.
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Section 2000e-5(f) requires a Title VII plaintiff to file suit within 90 days of receiving a right-to-sue letter.

Frederick v. DHHS · filed 2016-08-16(f)

A party asserting a claim under the ADA or Title VII must file a complaint within 90-days of receiving a right-to-sue letter. 42 U.S.C. § 2000e-5(f).
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Section 2000e-5(f)(1) requires an ADA plaintiff to file suit within 90 days of receiving an EEOC right-to-sue letter.

Momot v. Dziarcak · filed 2016-09-22(f)(1)

Plaintiff would therefore be required to file his Complaint within 90 days of receiving that letter. ... Defendants are correct that on its face the ADA claims in the Amended Complaint are untimely.
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Section 2000e-5(f)(1) gives a plaintiff ninety days after receiving an EEOC right-to-sue notice to file suit.

Bartlette v. Hyatt Regency · filed 2016-09-25(f)(1)

Given this July 29 receipt date, the court finds that Bartlette timely filed his Corrected Complaint, containing allegations against the Hyatt, within the ninety-day window.
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Section 2000e-5(f)(1) imposes no filing deadline on the EEOC when it sues in its own name.

U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C. · filed 2016-11-04(f)(1)

The Court agrees with the EEOC that there is no relevant statute of limitations when the EEOC sues in its own name.
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Section 2000e-5(e)(1) requires a Title VII complainant to file a charge within 180 days of the alleged unlawful practice, or within 300 days if filing with an authorized state or local agency.

Hayes v. Nassco · filed 2017-08-15(e)(1)

The district court properly dismissed Hayes’s Title VII and ADA claims related to his layoff because such claims are barred by the applicable statutes of limitations.
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Section 2000e-5(e)(1) gives an employee in a deferral state 300 days from the last discriminatory act to file an EEOC charge.

Wen Liu v. University of Miami School of Medicine · filed 2017-05-19(e)(1)

An EEOC charge is timely in a deferral state, like Florida, if filed within 300 days of the last discriminatory act. 42 U.S.C. § 2000e-5(e)(1); see Thomas v. Fla. Power & Light Co., 764 F.2d 768, 769-70 (11th Cir. 1985). ... As for Liu’s Title VII and FCRA claims, the district court correctly found that Liu failed to exhaust administrative remedies because the EEOC charge was not timely filed.
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In New York, Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 300 days of the alleged unlawful employment practice.

Perez v. Harbor Freight Tools · filed 2017-06-20(e)(1)

Perez filed his complaint with the EEOC on September 10, 2015—almost three years after his December 18, 2012 discharge. Therefore, as he acknowledges in his brief on appeal, Perez did not comply with the 300-day statutory period for filing.
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Section 2000e-5(e)(1) requires a claimant to file an EEOC charge within 300 days of the challenged employment practice.

Clarkson v. SEPTA · filed 2017-06-27(e)(1)

Under Title VII, a claimant must file an EEOC charge reporting unlawful employment practices within 300 days of the challenged conduct.
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Section 2000e-5(e)(1)’s 300-day EEOC charge deadline applies to discrete acts of discrimination and retaliation.

Golden v. Metropolitan Government of Nashville & Davidson County · filed 2017-07-14(e)(1)

The 300-day rule regarding charges of discrimination applies to allegations of retaliatory behavior, as it applies to allegations of discrimination. See Morgan, 536 U.S. at 110, 122 S.Ct. 2061. Accordingly, the Court will limit its consideration to the allegedly unlawful actions that Golden has identified as timely challenged.
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Section 2000e-5(e)(1) requires an EEOC charge within 300 days of a discriminatory act in a state with a local discrimination enforcement agency.

Morris v. New York State Police · filed 2017-08-08(e)(1)

Morris, Lee, and Rafferty each filed separate charges of discrimination with the EEOC on October 22, 2016, making December 26, 2014 the relevant 300-day time period for purposes of Title VII. See Compl. ¶ 107. Accordingly, plaintiffs’ allegations of discriminatory acts occurring prior to that date are time barred and must be dismissed.
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Section 2000e-5(e) does not allow a plaintiff to obtain relief for untimely disciplinary acts by including them in a timely claim challenging a later removal.

Anderson v. Brennan · filed 2017-06-01(e)

Anderson could not revive and seek a remedy for past unlawful prior disciplinary incidents by bundling them with the more recent removal, for which her Title VII claim was timely.
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Section 2000e-5(e)(1) imposes a 180-day deadline for filing an EEOC charge in the circumstances addressed by the court.

Okor v. Ginsberg · filed 2017-06-15(e)(1)

That date is long after the 180-day time period for filing such a charge had expired.
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Section 2000e-5(e)(1) imposes a 300-day filing deadline for the Title VII claims at issue here.

Joseph v. United Technologies Corp. · filed 2017-07-06(e)(1)

The complained-of conduct at Sikorsky -- Joseph’s 2009 promotion without a raise, 2010 negative performance review, and allegedly hostile work environment -- occurred beyond the reach of the applicable statutes of limitations (300 days for his federal claims, 180 days for his state claim). See 42 U.S.C. § 2000e-5(e)(1); 29 U.S.C. § 626(d)(1); Conn. Gen. Stat. § 46a-82(f).
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Section 2000e-5(e)(1) gives Title VII claims a 300-day administrative filing period.

Notariano v. Tangipahoa Parish School Board · filed 2017-07-17(e)(1)

Claims under Title VII are subject to a 300-day administrative filing period.
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Section 2000e-5(e)(1) bars challenges to discrete employment acts that occurred more than 300 days before the employee filed an EEOC charge.

Remp v. Alcon Laboratories Inc · filed 2017-07-25(e)(1)

A plaintiff may not challenge discrete acts that occurred more than 300 days before the plaintiff exhausted administrative remedies. 42 U.S.C. § 2000e-5(e)(1).
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Section 2000e-5(e)(1) gives a plaintiff 300 days to file a Title VII charge when it is initially filed with an authorized state or local agency.

Noel v. Shell Oil Co. · filed 2017-08-16(e)(1)

Applying the 300-day administrative filing deadline, only the employment actions occurring after May 2, 2014, factor into her Title VII discrimination and retaliation calculus.
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Section 2000e-5(e)(1) requires a retaliation claimant to file a charge within 180 days of the alleged unlawful practice, or within 300 days if the claimant first filed with a state or local agency.

Earnest Durant v. District of Columbia Government · filed 2017-11-17(e)(1)

Accordingly, we hold that because Durant provided no evidence that he timely filed a formal charge with the EEOC or the D.C. Office of Human Rights regarding his retaliation claims based on pre-October 2007 events, summary judgment in favor of the District on these claims was proper.
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Section 2000e-5(e)(1) requires a Title VII charge in New York to be filed within 300 days of the discriminatory act.

Zhao v. Keuka College · filed 2017-09-07(e)(1)

Because New York is a so-called dual-filing or deferral state, a plaintiff must file a charge under Title VII within 300 days of the occurrence of a discriminatory act.
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Section 2000e-5(e)(1) limits Title VII claims to acts within the 300-day EEOC charge filing period, unless that period is tolled or extended.

Percy v. New York (Hudson Valley DDSO) · filed 2017-09-07(e)(1)

Thus, only events that occurred during the 300-day period prior to June 5, 2015, when Plaintiff filed her Complaint with the EEOC, are actionable under Title VII, unless the period has been equitably tolled or extended.
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Section 2000e-5(e) gives an employee 300 days to file an EEOC charge in a deferral jurisdiction such as Puerto Rico.

González-Nieves v. Miranda · filed 2017-09-15(e)

However, since Puer-to Rico is what is known as a “deferral jurisdiction” and the DLHR is an agency empowered to grant relief from unlawful employment practices, a plaintiff has 300 days to file the charge, instead of the 180 day period alluded to by Defendants. ... Thus Defendants’ argument fails since the charge was timely under the applicable provisions of 42 U.S.C. § 2000e-5(e).
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Section 2000e-5(e) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged unlawful employment practice.

Storrs v. University of Cincinnati · filed 2017-09-26(e)

Accordingly, Dr. McTague has only exhausted her administrative remedies in regards to events which occurred in the 300 days preceding May 28, 2014.
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Section 2000e-5(e)(1) requires an ADA plaintiff to file an EEOC charge within 180 days of the alleged unlawful employment practice.

Congress v. District of Columbia · filed 2017-10-03(e)(1)

Congress filed her EEOC charge on July 27, 2015, more than 180 days after the alleged denial of an accommodation in September 2013. See 42 U.S.C. § 2000e-5(e)(1).
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Section 2000e-5(e)(1) requires a Title VII complainant to file a charge with an authorized state or local agency within 300 days of the alleged unlawful practice.

Redwind v. Western Union, LLC · filed 2017-10-03(e)(1)

The district court properly concluded that Redwind’s Title VII claims arising from events occurring prior to 300 days before she filed her complaint with the Oregon Bureau of Labor and Industries were barred by the statute of limitations.
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Section 2000e-5(e)(1) requires an EEOC charge within 180 days of each discrete discriminatory act; claims based on earlier acts are untimely.

Raynor v. G4S Secure Solutions (USA) Inc. · filed 2017-10-03(e)(1)

Plaintiff's release and demotion, his salary from 2008 to 2014, and at least some of Plaintiff's non-receipt of incentive pay are discrete acts completed by or occurring before May 4, 2016. As a result, discrimination or retaliation claims under Title VII based on these discrete acts are untimely and not actionable. The other alleged discrete discriminatory acts of termination and denial of vacation leave occurred after May 4, 2016 and are timely.
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Section 2000e-5(e)(1) requires a timely EEOC charge; alleged retaliation too old for a timely charge cannot be administratively exhausted.

Isaacs v. Trustees of Dartmouth College, et al. · filed 2017-10-24(e)(1)

With the possible exception of the most recent rejection of a residency application, none of the acts of purported retaliation that plaintiff alleges in support of Count VIII took place recently enough for plaintiff to file a timely charge with the EEOC.
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Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 300 days of the alleged unlawful employment practice.

Mahan v. City of Phila. · filed 2017-11-08(e)(1)

However, Plaintiff's claims under Title VII were timely filed within the applicable 300-day statute of limitations period.
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Section 2000e-5(e)(1) gives a Title VII claimant 180 days to file an EEOC charge when she has not first filed with a state or local agency.

Maldonado-Catala v. Municipality of Naranjito · filed 2017-11-21(e)(1)

Maldonado filed her EEOC discrimination charge without first filing a charge with the Commonwealth Department of Labor, and it is undisputed that the limitations period for her claims is thus 180 days.
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For a hostile work environment claim subject to a 300-day EEOC charge period, at least one act of racial harassment must occur within that period.

Taylor v. Village of Dolton, Illinois · filed 2017-12-11(e)(1)

But Taylor did not present evidence from which it could be inferred that he suffered any overt or covert racial harassment within the 300‐day period preceding his EEOC charge.
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Section 2000e-5(e)(1) requires an employee to file an EEOC charge within 300 days of an act contributing to a Title VII hostile work environment claim.

Sherrod v. State of Missouri Department of Revenue · filed 2017-12-21(e)(1)

Hostile work environment claims under Title VII require an employee to file a charge of discrimination with the EEOC within 300 days of any act that contributes to the claim.
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Section 2000e-5(e)(1) treats disability discrimination generally as an unlawful employment practice when assessing the administrative filing deadline.

Equal Employment Opportunity Commission v. Dolgencorp, LLC · filed 2017-09-28(e)(1)

The Court previously interpreted the phrase “unlawful employment practice,” set forth in 42 U.S.C. § 2000e-5(e)(l), as encompassing the practice of disability discrimination generally [Doc. 139 pp. 5-10]. ... The Court incorporates by reference its previous analyses in these opinions on the issue of the timeliness of plaintiffs’ claims.
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Section 2000e-5(e) gives an ADA claimant in Wisconsin 300 days from the discriminatory act to file an administrative complaint; later confirmation of a known termination does not restart that period.

Calvin v. Sub-Zero Freezer, Co. · filed 2017-10-05(e)

In Wisconsin, a plaintiff has 300 days from the alleged discriminatory act to file a complaint with the- EEOC or the state Equal Rights Division. ... Because Calvin knew in July 2002 that Sub-Zero had taken these adverse employment actions against him, Calvin had 300 days from that time to file a timely administrative complaint. ... His failure, then, to file an administrative complaint until November 2004, over two years later, dooms his suit.
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Section 2000e-5(f)(1) requires Title VII claimants to file a civil action within 90 days after receiving a notice of right to sue.

Barrett v. American Airlines, Inc. · filed 2017-10-27(f)(1)

With respect to Title VII claims, claimants have 90 days to file a civil action after receiving a notice of right to sue. 42 U.S.C. § 2000e-5(f)(1). ... In this case, Barrett’s Title VII claims were first asserted in her Amended Petition and are therefore untimely.
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Section 2000e-5(e) requires a charge filed with a state agency within 300 days of the alleged discrimination; continuing effects of an earlier decision do not extend that period.

Block v. Meharry Med. College · filed 2018-01-22(e)

This action, therefore, did not amount to a continuing violation and did not keep the limitations clock running.
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Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 days of the alleged unlawful employment practice, or within 300 days if the plaintiff first initiated state or local proceedings.

Freeman v. Harris · filed 2018-03-23(e)(1)

The District Court also correctly dismissed her Title VII claims against her employer based on her failure to timely exhaust her administrative remedies. A Title VII plaintiff must exhaust her administrative remedies by complying with the procedural requirements set forth in 42 U.S.C. § 2000e-5 before filing a federal complaint. As relevant here, a plaintiff must file a charge of discrimination with the EEOC within 180 days of the alleged unlawful employment practice, or within 300 days after the alleged unlawful employment practice if the plaintiff initially instituted proceedings with a state or local agency.
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Section 2000e-5(e) bars untimely Title VII retaliation claims, but the underlying acts may still be considered as evidence supporting timely claims.

Fraser v. MTA Long Island Rail Rd. · filed 2018-03-31(e)

Accordingly, though the Title VII retaliation claims arising from the two 2012 rejections are dismissed as untimely, the court will nonetheless consider the question of whether these rejections were retaliatory acts which corroborate plaintiff's timely retaliation claims.
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Section 2000e-5(e) requires a timely EEOC charge for a Title VII hostile work environment claim; at least one act contributing to the claim must occur within the filing period.

Mack v. Aspen of D.C., Inc. · filed 2018-01-24(e)

The first problem with Mack’s discrimination claim is that it was not timely exhausted with the Equal Employment Opportunity Commission (“EEOC”). As with all Title Vll plaintiffs, an employee seeking to press a hostile work environment claim must “exhaust” her remedies by filing a timely employment discrimination charge with the EEOC. See 42 U.S.C. § 2000e-5(e); Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 109-10 (2002).
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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 incident.

Amaya v. Ballyshear LLC · filed 2018-03-14(e)(1)

The Plaintiff's Title VII claims based on incidents that occurred prior to July 9, 2015 are time-barred. In New York State, a plaintiff has to file a Title VII claim with the EEOC within 300 days of the alleged discriminatory incident.
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Section 2000e-5(e)(1) requires a Title VII complainant to file an EEOC charge within 180 days of the alleged unlawful practice, or a charge with an authorized state or local agency within 300 days.

Rangel-Palacios v. Sweetwater Union H.S. Dist. · filed 2018-03-23(e)(1)

The district court properly dismissed Rangel-Palacios’s Title VII claim concerning allegations in her 2015 Equal Employment Opportunity Commission (“EEOC”) charge as barred by the applicable statute of limitations, and Rangel- Palacios failed to allege facts sufficient to show that equitable tolling applies.
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Section 2000e-5(e)(1)'s 300-day charge-filing period applies to ADA claims through § 12117(a), barring claims based on acts outside that period.

Macvaugh v. Cnty. of Montgomery · filed 2018-03-27(e)(1)

However, if Defendant's denial of Plaintiff's transfer requests occurred more than 300 days prior to the filing of the charge with the EEOC, claims based on these transfer requests will be precluded.
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Section 2000e-5(e)(1) gives an employee 300 days to file an EEOC charge in a state with an agency authorized to address the alleged discrimination; for a discrete act, the period begins when the employee receives notice of the decision.

Espinoza v. N.Y.C. Dep't of Transp. · filed 2018-03-30(e)(1)

Because May 22, 2013 is within the 300-day window, Plaintiff's discrimination claim with respect to his change in title is properly considered in this Court.
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In Illinois, a Title VII charge must be filed with the EEOC within 300 days of the alleged unlawful employment practice.

Lanahan v. County of Cook · filed 2018-04-13(e)(1)

However, she filed her EEOC charge on October 16, 2016, so anything that occurred prior to December 12, 2015 is untimely.
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Section 2000e-5(e)(1) generally requires a discrimination charge within 180 days, extended to 300 days when the charge is filed with a local authority.

Rhodes v. Superior Court of the D.C. · filed 2018-03-30(e)(1)

The 180-day period is extended to a 300-day period if the aggrieved person opts to file his charge of discrimination with a local authority, such as the District of Columbia Office of Human Rights.
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Section 2000e-5 requires a Title VII claimant to sue within 90 days of receiving an EEOC right-to-sue letter and to file an EEOC charge within 300 days of the violation when the complaint is first filed with a state or local agency.

Rivers v. Federal Express Ground · filed 2018-04-24

A Title VII lawsuit must be brought within 90 days of receiving a right-to-sue letter from the EEOC. ... It is uncontested that, according to the date provided in Prince-Rivers’s third amended complaint, she failed to meet this deadline. ... Title VII claimants are required to file their Charges of Discrimination with the EEOC within 180 days of the violation, or within 300 days if the complaint is first filed with a state or local agency. ... Despite this, she did not file her charge until October 3, 2014—that is, 329 days later. ... Accordingly, the district court’s dismissal of Randstad was appropriate.
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Section 2000e-5(e)(1) measures the charge-filing deadline from the date a Title VII charge is actually filed; notice of an intent to amend does not count as filing.

Jones v. District of Columbia · filed 2018-06-04(e)(1)

To the contrary, the statute is clear that the relevant date is when a charge is actually filed under Title VII.
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Section 2000e-5(e)'s 300-day charge filing period applies when proceedings were initially instituted with a state or local agency.

Logan v. MGM Grand Detroit Casino · filed 2018-04-30(e)

As the italicized language above reflects, however, the claimant must have actually instituted proceedings with the state or local agency for the 300-day period to be applicable. ... There is no evidence in the record reflecting that Plaintiff ever filed a charge with the Michigan Department of Civil Rights asserting the claims at issue in this lawsuit, much less a charge within 300 days of the alleged unlawful employment practice. Thus, the 300-day limitations period has no bearing in this case and she fails to demonstrate a palpable defect in this Court's decision finding her claims are time-barred.
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Section 2000e-5(e)(1) requires Title VII plaintiffs in Illinois to file an EEOC charge within 300 days of the alleged misconduct.

Cartwright v. Silver Cross Hospital · filed 2018-04-30(e)(1)

Thus, Plaintiff’s claims against SCH must connect to events after May 4, 2013, and his claims against Crothall to events after August 28, 2013.
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Section 2000e-5(e)(1) requires a Title VII charge to be presented to the EEOC within 300 days of the alleged discriminatory action.

Udeigwe v. Texas Tech University · filed 2018-05-11(e)(1)

Udeigwe had 300 days from the alleged discriminatory action—the non-reappointment decision—to present his claim to the EEOC. 42 U.S.C. § 2000e-5(e)(1); see also Ricks, 449 U.S. at 257–58. A claim not presented within 300 days is time-barred.
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Section 2000e-5(e)(1)’s 180-day deadline for filing an EEOC charge is subject to equitable estoppel when the employer’s conduct causes the employee to miss it.

Rodriguez v. Wal-Mart Stores, Inc. · filed 2018-06-11(e)(1)

Rodriguez’s failure to file his EEOC claim within 180 days was not the result of any misconduct by Walmart. ... Thus, equitable estoppel does not apply, and summary judgment was properly granted.
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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 when the plaintiff pursues state or local remedies first.

Chung v. City & County of Honolulu · filed 2018-06-27(e)(1)

Title VII requires that charges be filed with the Equal Employment Opportunity Commission (“EEOC”) no later than 300 days after the occurrence of an alleged unlawful employment practice where, as here, the plaintiff pursues state or local remedies first.
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Section 2000e-5(e)(1) gives a claimant who first pursued state or local proceedings 300 days after the alleged unlawful employment practice to file an EEOC charge.

Ganheart v. Brown · filed 2018-06-29(e)(1)

An EEOC charge is timely when it is filed “within three hundred days after the alleged unlawful employment practice occurred.” ... Both events occurred more than 300 days before Ganheart filed her EEOC charge in November 2015. The charge is therefore not timely as to this claim.
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Section 2000e-5(e)(1) requires a complainant who initially files with a state or local agency to file an EEOC charge within 300 days of the alleged unlawful practice.

Said v. National Railroad Passenger Corporation · filed 2018-07-10(e)(1)

Therefore, the plaintiff was required to file her charge of discrimination with the EEOC within three hundred days thereafter, or by December 3, 2012.
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Section 2000e-5(e)(1) requires a timely EEOC charge; a hostile work environment charge is untimely when no act forming part of that practice occurred within the applicable 300-day period.

U.S. Equal Emp't Opportunity Comm'n v. PC Iron, Inc. · filed 2018-05-01(e)(1)

As a result, because none of the other acts about which Perez and the EEOC complain as constituting a hostile work environment occurred within 300 days of Perez filing her charge with the EEOC, Perez's Title VII hostile work environment charge to the EEOC was untimely.
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Section 2000e-5(e)(1) requires a timely administrative charge within 300 days of the challenged discriminatory act.

Pathak v. FedEx Trade Networks T & B Inc. · filed 2018-06-20(e)(1)

Additionally, "Title VII, ADEA and ADA, require that [plaintiffs] file a timely administrative claim within 300 days of the challenged discriminatory action." ... Therefore, any discrete acts occurring prior to April 23, 2014 are untimely.
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A claimant who first files with a state agency authorized to address the alleged discrimination has 300 days to file with the EEOC, even if state law does not recognize the same theory of discrimination.

Equal Emp't Opportunity Comm'n v. Dolgencorp, LLC · filed 2018-08-07(e)(1)

The relevant question is whether the state agency has the power to entertain the claimant’s disability discrimination claim, not whether state law recognizes the same theories of discrimination as federal law. ... Because Atkins filed her disability discrimination charge with a state agency that had authority to entertain it, she receives the benefit of the 300-day limitations period.
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Section 2000e-5(f)(1)’s 90-day filing period begins when an authorized recipient receives the EEOC right-to-sue letter, even if the plaintiff picks it up later.

Winsor v. The Home Depot U.S.A., Inc. · filed 2018-07-31(f)(1)

A plaintiff has 90 days to file an employment discrimination lawsuit after receiving the EEOC’s notice of right to sue. 42 U.S.C. § 2000e-5(f)(1). ... The 90-day period began to run, at the latest, on July 11, 2016, when Winsor’s apartment management received the right-to-sue letter according to his authorization.
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Section 2000e-5(f)(1) requires an ADA plaintiff to file suit within 90 days of receiving a right-to-sue notice; an unsuccessful filing attempt by counsel ineligible to file does not meet that deadline.

Congress v. District of Columbia · filed 2018-08-27(f)(1)

In sum, Congress’s former counsel could not—and thus did not—file her original complaint on April 17, 2017. The Court will thereafter treat the complaint as filed on May 15, 2017 as the docket states. That date falls more than 90 days after the date Congress allegedly received her right to sue notice, making her ADA claims untimely.
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Section 2000e-5(f)(1) requires a plaintiff to file suit within 90 days of receiving an EEOC right-to-sue notice.

Odutola v. Branch Banking and Trust Company · filed 2018-08-07(f)(1)

Under Title VII, a plaintiff must file a civil action within 90 days of receiving notice from the EEOC of a right to sue See 42 U.S.C. § 2000e-5(f)(1).
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Section 2000e-5(f)(1), as applied to ADA suits, requires a plaintiff to file within 90 days of the EEOC’s right-to-sue notice.

Carter v. Hickory Healthcare Inc. · filed 2018-09-27(f)(1)

A plaintiff who wants to sue under the Americans with Disabilities Act must do so “within ninety days” after the Equal Employment Opportunity Commission notifies the plaintiff via a right-to-sue letter that the Commission will not pursue action against the employer. 42 U.S.C. § 2000e-5(f)(1); see id. § 12117(a) (applying § 2000e-5 to the Americans with Disabilities Act).
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Section 2000e-5(f)(1) requires a Title VII lawsuit to be filed within 90 days after receipt of an EEOC right-to-sue letter.

Bamba v. Fenton · filed 2018-12-04(f)(1)

A lawsuit based on a Title VII claim must be filed within 90 days of receiving a right-to-sue letter from the EEOC. 42 U.S.C. § 2000e-5(f)(1). The EEOC issued Bamba her first right-to-sue letter on November 20, 2013. Although Bamba alleges she first found out about her right-to-sue letter on March 19, 2014, even crediting this date (as the district court did), her Title VII lawsuit was filed on March 14, 2015, nearly one year later. Accordingly, the district court correctly determined that Bamba’s Title VII claims set forth in her 2013 EEOC charge were time-barred.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days after receiving a right-to-sue letter.

Gamble v. Kaiser Found. Health Plan, Inc. · filed 2018-12-18(f)(1)

Any claims based upon that right to sue letter and underlying charge were timely with respect under FEHA's one-year limit, but filed after the 90-day limit, and therefore untimely, as to Title VII and ADEA claims. Thus, Gamble's Title VII and ADEA claims were time-barred.
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Section 2000e-5(f)(1), as incorporated into the ADA, requires a plaintiff to sue within 90 days of receiving an EEOC right-to-sue notice.

Williams v. N.C. Admin. Office of the Courts · filed 2018-12-04(f)(1)

The ADA requires a plaintiff to file suit within 90 days of receiving a right to sue notice from the EEOC. ... Williams, however, did not file this action until April 2, 2018 [D.E. 1]. Thus, the court dismisses her complaint as untimely.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days after receiving the EEOC’s right-to-sue notice.

Lee v. Venetian Casino Resort, LLC · filed 2019-01-07(f)(1)

A plaintiff must bring a Title VII employment discrimination action in federal court “within ninety days after the giving of” the EEOC’s right-to-sue notice.
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Section 2000e-5(f)(1) requires a plaintiff who alleges delayed receipt of an EEOC right-to-sue notice to plead facts rebutting the usual five-day delivery presumption.

Davis v. Palos Health · filed 2019-01-16(f)(1)

Even if the attachment was legible (it is not), Davis needed to rebut the timely-delivery presumption in his complaint by plausibly alleging why he did not receive the right-to-sue letter five days after the EEOC mailed it.
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Section 2000e-5(f)(1) gives a Title VII plaintiff ninety days after receiving an EEOC right-to-sue notice to file suit; a second notice concerning the same incident does not extend that period unless it reconsiders the first charge on the merits.

January v. TDCJ · filed 2019-01-23(f)(1)

Since January filed suit more than ninety days after receiving her right-to-sue letter on her first charge of discrimination, we affirm the district court’s dismissal of January’s ADA, Title VII, and ADEA claims.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days of receiving an EEOC right-to-sue notice; an application to proceed in forma pauperis tolls that period until the court rules on it.

Lassiter v. N.C. Cmty. Health Ctr. Ass'n · filed 2019-01-15(f)(1)

A person also must file suit in federal court within 90 days of receiving a Notice of Right to Sue from the EEOC. ... Lassiter's IFP application tolled the 90-day statute of limitations until the court ruled on it. ... Thus, Lassiter failed to meet the 90-day deadline.
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Section 2000e-5(f)(1) requires a plaintiff to sue within ninety days after the EEOC dismisses a charge; failure to meet that deadline is an affirmative defense rather than a limit on subject matter jurisdiction.

Frazier-Alexis v. Superior Court of the Virign Islands · filed 2019-01-25(f)(1)

Moving Defendants also argue that 42 U.S.C. § 2000e-5(f)(1) bars Plaintiff's claims. That section requires a plaintiff to file a civil action within ninety days after the U.S. Equal Employment Opportunities Commission dismisses a charge alleging an unlawful employment practice. ... In fact, “failure to exhaust in Title VII cases, which is akin to failing to comply with a statute of limitations, is an affirmative defense which must be pleaded by the defendant.” ... Again, this defense is more appropriate for Defendants’ consolidated answer(s), and Defendants are not precluded from arguing it then.
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Section 2000e-5(f)(1)’s 90-day deadline for filing a Title VII action is a statute of limitations that bars untimely claims.

Nelson v. Hibu, Inc. · filed 2019-02-26(f)(1)

The district court properly granted summary judgment on Nelson’s claims arising from his January 27, 2011 and December 6, 2011 Equal Employment Opportunity Commission (“EEOC”) charges because these claims were barred by the applicable statute of limitations. See 42 U.S.C. § 2000e-5(f)(1); Scholar v. Pac. Bell, 963 F.2d 264, 266-67 (9th Cir. 1992) (90-day deadline to file a Title VII action “constitutes a statute of limitations” and if plaintiff “fails to file within [the] 90-day period, the action is barred”).
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Section 2000e-5(f)(1) requires a Title VII claimant to file suit within 90 days of receiving a right-to-sue letter, with no continuing violation exception to that deadline.

LaFontant v. Mid-Hudson Forensic Psychiatric Center · filed 2019-05-02(f)(1)

This Court therefore joins those courts holding that the 90-day rule encompasses no continuing violation exception.
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Section 2000e-5 requires an EEOC charge within 300 days of the discriminatory act and a civil suit within 90 days after notice of the right to sue.

Ernest Collins, Jr. v. Barnes and Thornburg Law Firm · filed 2019-04-24(e)(1), (f)(1)

Because Collins waited forty years to bring this discrimination action, it is untimely under both Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e-5(e)(1), (f)(1) (deadline for filing EEOC charge is within 300 days of discriminatory act; deadline for bringing civil suit is within 90 days of receiving notice of right to sue), and 42 U.S.C. § 1981, see 28 U.S.C. § 1658(a); Campbell v. Forest Pres. Dist. of Cook Cty., 752 F.3d 665, 668 (7th Cir. 2014) (four-year statute of limitations for wrongful-termination claims under § 1981).
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Section 2000e-5(f)(1) requires a Title VII claimant to file suit within ninety days of receiving a right-to-sue letter.

Catozella v. PLS Restaurant Inc. · filed 2019-04-26(f)(1)

A claim under Title VII must be filed within ninety days of the claimant’s receipt of a right-to-sue letter. 42 U.S.C. § 2000e-5(f)(1). ... Accordingly, this action was commenced on August 10, 2018, and Plaintiff’s claims are time-barred.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to sue within 90 days of receiving an EEOC right-to-sue letter.

Martin v. Am. Midstream Partners, LP · filed 2019-05-15(f)(1)

Once the EEOC issues a right-to-sue letter, a Title VII plaintiff must sue within 90 days of receiving the letter.
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Section 2000e-5(e)(1) generally requires an EEOC charge within 180 days, extending the period to 300 days when the claimant initially brings the matter before an authorized state or local agency.

Vuono v. Consolidated Edison of New York, Inc. · filed 2019-06-11(e)(1)

Claims arising from events that occurred between May 18, 2017, and September 15, 2017—the period outside the ordinary 180-day window but within the 300-day window—are also time-barred unless Plaintiffs first raised those claims with a relevant state or local agency.
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Section 2000e-5(f)(1) gives a claimant 90 days after receiving a right-to-sue notice to file suit.

Barnes v. Sentry Management, Inc. · filed 2019-05-23(f)(1)

We first agree with the district court that the claims against St. Regis were time-barred. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day period to file suit following receipt of right-to-sue notice).
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Section 2000e-5(f)(1) requires a Title VII plaintiff to sue within 90 days after receiving an EEOC right-to-sue letter; unexplained neglect does not warrant equitable tolling.

SCOTT v. PIEDMONT COLUMBUS REGIONAL HOSPITAL · filed 2019-05-23(f)(1)

Once the plaintiff receives the right-to-sue letter, he must file his action within ninety days. ... Equitable tolling is not authorized under these circumstances.
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Section 2000e-5(f)(1) gives an employee 90 days after receiving an EEOC right-to-sue notice to file a federal action on allegations in the charge.

Rush v. State of Alaska, Department of Health and Social Services · filed 2019-06-03(f)(1)

The 90-day time frame for pursuing those allegations in federal court expired long before Ms. Rush initiated this action on October 5, 2016.
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Section 2000e-5(f)(1) requires a Title VII suit to be filed within ninety days after receipt of an EEOC right-to-sue notice; a one-day delay warrants dismissal absent equitable tolling.

Lawson v. Teleflex Medical · filed 2019-06-07(f)(1)

Although the Complaint is merely one (1) day late, Court’s routinely hold that a failure to file a complaint upon receiving a right to sue letter from the EEOC within the prescribed ninety-day period, even if only one (1) day late, is grounds for dismissal of the Complaint.
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Section 2000e-5(f)(1) requires a right-to-sue notice before a plaintiff may bring a Title VII claim in federal court.

Hussey v. MN State Services for the Blind · filed 2019-06-11(f)(1)

Hussey has also not received a right-to-sue notice, as required by Title VII and the ADA. ... As a result, Hussey’s Title VII and ADA claims must also be dismissed for failure to exhaust administrative remedies.
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Section 2000e-5(f)(1) gives a plaintiff 90 days after receiving an EEOC right-to-sue letter to file a complaint.

Wilson v. Deshazo Cranes LLC · filed 2019-06-17(f)(1)

But upon receipt of his EEOC right-to-sue letter, a plaintiff has 90 days to file a complaint. 42 U.S.C. § 2000e-5(f)(1). ... So the court DISMISSES WITH PREJUDICE Mr. Wilson’s race discrimination and retaliation claims included in his EEOC charge as untimely.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days after receiving the EEOC’s right-to-sue letter.

Mehrberg v. The State of Illinois · filed 2019-06-13(f)(1)

To file a complaint under the ADA or Title VII, a plaintiff must first file a written charge of discrimination with the EEOC and then file her lawsuit within 90 days after receiving the EEOC’s right to sue letter. 42 U.S.C. § 2000e-5; 42 U.S.C. § 12117(a) (incorporating § 2000e-5).
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Section 2000e-5’s 180-day EEOC charge deadline and 90-day complaint deadline apply to Title I ADA claims through § 12117(a).

Davis v. Nail · filed 2019-06-21(e)(1), (f)(1)

Mr. Davis’s Title I ADA claim is subject to a 180-day EEOC charge-filing deadline and a 90-day complaint-filing deadline.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to sue within 90 days after receiving adequate notice that the EEOC dismissed the charge.

Baker v. L3 Technologies Inc · filed 2019-06-21(f)(1)

A plaintiff may not bring a Title VII action more than 90 days after a complainant has adequate notice that the EEOC has dismissed the Charge, which is generally the receipt of the EEOC’s right-to-sue letter. ... There being no genuine issue of material fact, the evidence establishes that Baker did not file this lawsuit within ninety days of receiving adequate notice that the EEOC had dismissed his charge, i.e., the initial Right to Sue Letter.
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Section 2000e-5(e)(1) gives plaintiffs in the District of Columbia 300 days to file an EEOC charge because the EEOC has a worksharing agreement with the local agency.

Chambers v. Office of the Attorney General · filed 2019-07-24(e)(1)

Accordingly, the Court finds that a plaintiff, in the District of Columbia, has 300 days to file a charge with the EEOC.
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Section 2000e-5(e)(1) gives Indiana employees 300 days after an alleged unlawful employment practice to file a Title VII charge with the EEOC.

DUNN-LANIER v. INDIANAPOLIS PUBLIC SCHOOLS · filed 2019-08-02(e)(1)

Considering the 300-day statute of limitations for Title VII, only conduct that occurred on or after March 19, 2016, can support a timely Title VII claim.
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Section 2000e-5(e)(1) gives employees in Colorado 300 days to file an EEOC charge because the state has an agency authorized to address employment discrimination.

Kahler v. Walmart · filed 2019-08-20(e)(1)

Colorado has established an “entity with the authority to grant or seek relief”—namely, the Colorado Civil Rights Division—therefore employees in Colorado are subject to this 300-day time limit.
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Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged discriminatory act.

Fitchett v. City of New York · filed 2019-07-30(e)(1)

Under Title VII of the Civil Rights Act of 1964, plaintiffs must file a complaint with the EEOC within 300 days of the alleged discriminatory act.
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Section 2000e-5(e)(1) bars Title VII claims based on acts outside the applicable EEOC charge-filing period.

Medina v. Waste Connections of New York, Inc. · filed 2019-08-02(e)(1)

As such—and because the Court treats 300 days as the operative time limit'—any acts that occurred prior to May 13, 2016 are time-barred.
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Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the challenged conduct.

Barrett v. Illinois Community College District No. 515 · filed 2019-08-05(e)(1)

For the Title VII claims, a plaintiff must file a complaint with the EEOC within 300 days of the complained of conduct.
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Section 2000e-5(e) requires a Title VII claim to be filed with the EEOC within 300 days of the alleged unlawful employment practice.

Lowe-Murphy v. New York City Department of Education · filed 2019-08-07(e)

“To be timely, a Title VII claim must be filed with the EEOC ‘within 300 days after the alleged unlawful employment practice.’” ... Plaintiff has failed to allege facts showing the existence of any conspiracy, let alone a conspiracy that existed within 300 days of plaintiff’s EEOC complaint.
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Section 2000e-5 gives a Title VII claimant in a referral state 300 days to file an EEOC charge and 90 days after receiving a right-to-sue letter to file suit; a state savings statute does not extend those deadlines.

Primm v. Tennessee Department of Correction · filed 2019-08-27(e)(1), (f)(1)

Under Title VII, a plaintiff in a referral state such as Tennessee has 300 days from the date of the challenged employment action to file an EEOC claim and then 90 days from the date she receives a right to sue letter from the EEOC to file suit in federal court.
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Section 2000e-5(e)(1) extends the time to file a discrimination charge to 300 days when the complainant also files with an authorized state agency.

Pena v. First State Bank of Odem · filed 2019-09-03(e)(1)

Alternatively, if the complainant files with the Texas Commission on Human Rights (TCHR) (a state agency with authority to grant or seek relief from discriminatory practices), the limitations period is extended to 300 days of the termination.
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Section 2000e-5(e) imposes a 300-day filing deadline for Title VII retaliation claims when proceedings begin with a state or local agency.

Toombs v. New York City Housing Authority · filed 2019-08-27(e)

As an initial matter, the Court notes that, because Plaintiff did not file her discrimination charge with the NYSDHR until May 18, 2015, any retaliation claims relating to adverse actions taken before July 22, 2014—300 days before May 18, 2015—are time-barred.
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Section 2000e-5(f)(1) requires a Title VII plaintiff to file suit within 90 days of receiving an EEOC right-to-sue notice; the deadline is subject to equitable tolling.

Snowden v. Quad Packaging, Inc. · filed 2019-09-09(f)(1)

Title VII, the ADA, and the NFEPA all require that suit be filed within 90 days of a plaintiff’s EEOC/NEOC Notice of Right to Sue. See 42 U.S.C. § 2000e-5(f)(1) (Title VII); 42 U.S.C. § 12117(a)(ADA); Neb. Rev. Stat. § 48-1120.01 (Westlaw 2019). Because this 90-day limitation period is not jurisdictional, it is subject to equitable tolling. ... In these circumstances, Plaintiff is not entitled to equitable tolling, making her lawsuit untimely.
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Section 2000e-5(e)(1) requires a Title VII complaint to be filed with the EEOC within 300 days of the alleged discriminatory act.

Aslin v. University of Rochester · filed 2019-08-28(e)(1)

Title VII requires that any complaint be filed with the EEOC within 300 days of the alleged discriminatory act; claims for discriminatory conduct that occurred more than 300 days before the complaint is filed are untimely.
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Section 2000e-5(e)(1) requires a timely EEOC charge to be filed within 180 days of the last discriminatory act.

Mitchell v. University of North Alabama · filed 2019-08-30(e)(1)

For a charge to be timely, it must be filed within 180 days of the last discriminatory act. See 42 U.S.C. § 2000e-5(e)(1).
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Section 2000e-5(e)(1) requires a timely EEOC charge before an ADA suit, generally within 180 days of the discriminatory event or within 300 days if the plaintiff initially files with an appropriate state agency.

Weinberger v. 911 Datamaster, Inc. · filed 2019-09-03(e)(1)

Regardless of which claims deadline applies, Weinberger missed it. ... However, summary judgment is appropriate for Datamaster because Weinberger waived his ADA claim by failing to file a timely complaint with the EEOC.
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Section 2000e-5(e) requires an Illinois Title VII plaintiff to file an EEOC charge within 300 days of an alleged unlawful employment practice.

Outley v. City Of Chicago · filed 2019-09-09(e)

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 alleged unlawful employment practice. ... Accordingly, Outley’s ADEA and Title VII claims, other than those based on his hostile work environment allegations, are barred to the extent that they challenge pre-October 22, 2016 conduct.
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Section 2000e-5(e)(1) gives a Title VII claimant in Louisiana 300 days to file an EEOC charge; an initial submission with enough information can qualify as a timely charge.

Thomson v. Westlake Chemical Corp · filed 2019-09-16(e)(1)

Louisiana is a deferral state, and therefore the 300-day filing period applies. ... The Court finds that Thomson’s EEOC Charge of Discrimination was timely.
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Section 2000e-5(e)(1) requires a person in a state with an employment discrimination enforcement agency to file an EEOC charge within 300 days of the alleged unlawful practice.

Rowe v. N.Y.S. Dep't of Taxation and Finance · filed 2019-09-18(e)(1)

Title VII requires individuals aggrieved by acts of discrimination in states like New York that have state or local employment discrimination enforcement mechanisms to file a charge with the Equal Employment Opportunity Commission (“EEOC”) within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1).
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Section 2000e-5(e) makes a timely EEOC charge part of administrative exhaustion; a factual dispute over whether the charge was filed within the applicable 300-day period can prevent summary judgment on timeliness.

Santhuff v. United Parcel Service, Inc. · filed 2019-09-19(e)

Construing the evidence in a light most favorable to Plaintiff, he has created a question of fact on the issue of whether his EEOC charge was filed “within 300 days after the alleged violations” and thus whether his administrative remedies were timely exhausted.
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In Indiana, a Title VII charge must be filed within 300 days of a discrete discriminatory act.

COOMES v. REPUBLIC AIRLINE INC. · filed 2019-09-20(e)(1)

The statute of limitations in Indiana for a Title VII claim is 300 days.
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Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged discrimination; earlier discrete acts are barred, but earlier acts may support a hostile work environment claim.

Humphreys v. New York City health and Hospitals Corporation · filed 2019-09-23(e)(1)

Accordingly, Plaintiff’s Title VII claims for actions occurring prior to the 300 days before her charge filing with the EEOC are dismissed except to the extent Plaintiff’s allegations support a hostile work environment claim.
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Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in a deferral state.

Lee v. Advance Auto Parts · filed 2019-09-05(e)(1)

This delay period is extended to 300 days because Louisiana is a “deferral” state.
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Section 2000e-5(e)(1) requires an employee to file an EEOC charge within 300 days of the alleged retaliatory act where the longer filing period applies.

Goldstein v. University of Maryland School of Medicine · filed 2019-09-17(e)(1)

To protest such treatment, an employee who believes she was subject to illegal retaliation must file a charge with the EEOC within 300 days of the alleged discriminatory act.
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Section 2000e-5(e)(1) generally allows 180 days to file an EEOC charge, extended to 300 days in the District of Columbia under a work-sharing agreement.

Baker-Notter v. Freedom Forum, Inc. · filed 2019-09-23(e)(1)

Normally, 42 U.S.C. § 2000e-5(e)(1) provides for only a 180-day period for filing a charge with the EEOC. In the District of Columbia, the EEOC has reached a work-sharing agreement with the D.C. Office of Human Rights, which triggers an exception to this default rule and allows for filing within 300 days of the alleged discrimination.
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Section 2000e-5(e)(1) requires a charge to be filed within 300 days of the alleged discrimination.

Lovell v. Echol · filed 2019-09-23(e)(1)

For Plaintiffs remaining Title VII and ADA claims to be timely, the alleged discrimination must have occurred no more than 300 days prior to the filing of the administrative charge. ... Therefore, Plaintiff's claims based on events in 2008 and 2013 are time barred.
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Section 2000e-5(e)(1) gives a claimant 300 days to file a discrimination charge when the charge is filed with both the EEOC and the Pennsylvania Human Relations Commission.

Nguyen v. Berks & Beyond Employment Services, Inc. · filed 2019-09-09(e)(1)

Because Pennsylvania is a “deferral state,” when an individual dually files discrimination charges with the EEOC and the PHRC, the 300-day limitations period applies.
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Section 2000e-5(e)(1) requires a Title VII charge to be filed within the applicable 300-day period; pursuing arbitration does not toll that period.

Poe v. ArcelorMittal USA LLC · filed 2019-09-17(e)(1)

The time period for filing a charge on Title VII grounds is 300 days, and for the ADEA, 180 days. ... In sum, plaintiff’s Title VII and ADEA claims are barred as the related charge was filed after expiration of the relevant statutory time periods.
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Section 2000e-5(e)(1) gives a Title VII claimant 300 days to file a charge in a state with its own employment practices agency.

Jaggon v. Community Health Services, Inc. · filed 2019-09-16(e)(1)

Connecticut is a state with its own employment practices agency, the Commission on Human Rights and Opportunities (“CHRO”). Therefore, the 300-day period applies.
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Section 2000e-5(e)(1) gives a plaintiff in a deferral state 300 days after an alleged unlawful employment practice to file an EEOC charge.

Jones v. Lakeland Regional Medical Center · filed 2019-09-24(e)(1)

A plaintiff in a deferral state, such as. Florida, must file a charge of discrimination under the ADA no more than 300 days after the alleged unlawful employment practice occurred. ... Thus, any claim of association discrimination based on Lakeland’s denial of Jones’ scheduling requests is time- barred.
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Section 2000e-5(e)(1) requires a Title VII charge in Hawaii to be filed within 300 days of the alleged unlawful employment practice; misunderstanding the filing procedures does not warrant equitable tolling.

Ricasa v. State of Hawaii, Department of Human Services · filed 2019-10-11(e)(1)

Title VII of the Civil Rights Act of 1964 requires that a “charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Plaintiff’s sex discrimination and hostile work environment claims are untimely.
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In Alabama, a Title VII plaintiff must file an EEOC charge within 180 days of the alleged unlawful employment practice.

Chapman v. State of Alabama, The · filed 2019-10-17(e)(1)

Any failure to promote claim must be based on a promotion occurring on or after August 27, 2016, which is 180 days prior to the filing of her EEOC charge.
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Section 2000e-5(e)(1) requires an ADA plaintiff to file an EEOC charge within 300 days of a denied accommodation; repeated denials do not create a continuing violation.

Platt v. Chicago Transit Authority · filed 2019-10-22(e)(1)

The Court finds that, in this case, the continuing violation doctrine does not apply. Thus, each request for accommodation, and CTA’s corresponding refusal to accommodate, is a discrete act.
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Section 2000e-5(e)(1)’s charge-filing deadline does not support dismissal when the complaint does not establish that the charge was untimely.

Garrick v. Moody Bible Institute · filed 2019-09-25(e)(1)

Here, the complaint is silent on whether Garrick filed allegations with the state agency. Accordingly, Moody’s motion to dismiss the Title VII claims based upon the statute of limitations is denied.
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Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged discriminatory act or unlawful practice.

Harris v. Union Pacific Railroad Company · filed 2019-09-30(e)(1)

Title VII claims “must be filed within 300 days of the alleged discriminatory act or unlawful practice.” ... The Court agrees. Accordingly, to the extent that Plaintiff seeks to bring Title VII claims based on conduct occurring before May 14, 2014, the Court grants Defendant’s motion for summary judgment on such claims.
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Notes 10201–10350 of 12,143, oldest cases first.

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