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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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When does 90 day right-to-sue period begin?

Taylor v. Books A Million, Inc., 296 F.3d 376 (5th Cir. July 15, 2002) - Chris Taylor filed suit 98 days after the issuance of the EEOC's right-to-sue letter. The Fifth Circuit notes that the 90 day period begins to run after receipt of the letter. In this case, there was no evidence of the day it was received. The plaintiff's conclusory allegation that he filed suit within 90 days is insufficient. When the date on which the right-to-sue letter was actually received is either unknown or disputed, other Circuits have presumed various receipt dates ranging from three to seven days after the letter was mailed. The Court does not decide what the rule should be in the Fifth Circuit because even if one used the maximum number of days that other courts have used (i.e., seven), Taylor was still one day late in filing his suit. Therefore, the Court affirms the dismissal of Taylor's suit as untimely. Click here to see actual case.