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Holley v. Department of Veteran Affairs, 165 F.3d 244 (3d Cir. January 21, 1999)

Keywords: Title VII (time to file, equitable tolling)

Introduction/Facts: Evelyn Holley, a federal employee, filed several different complaints with the EEOC against her employer, the Department of Veteran Affairs (DVA). The DVA adopted the findings of an EEOC administrative law judge that there was insufficient evidence of discrimination. Holley appealed to the EEOC, which dismissed her appeal as untimely. On July 28, 1995, Holley filed a request with the EEOC for reconsideration. While this request was pending, Holley filed suit on November 10, 1997. Three days later, the EEOC issued a decision granting Holley's request for reconsideration in part. The district court dismissed the lawsuit as untimely. The Third Circuit reverses and remands.

Law:

1. Federal regulations permit a federal employee to file a civil action in federal court (1) within 90 days of receipt of the EEOC's "final decision" on the appeal, or (2) after 180 days from the date of filing an appeal with the EEOC if, at that time, the EEOC has yet to issue a "final decision."

2. Until the EEOC rules upon a motion to reconsider, it has not made a "final decision."

3. Because Holley met the second prong set forth in the regulation, the Third Circuit reverses and remands.

4. These regulations only apply to federal employees.

5. Click here to see actual case.