9.200 Other procedural defenses
9.100 Failure to timely file lawsuit
9.110 In general
9.111 Parties can agree to an abbreviated statute of limitations
9.112 Statute of limitations is an affirmative defense
9.121.10 Statute of limitations
(for non-federal
employees)
9.121.20 Statute of limitations where federal employee
pursues EEOC
remedies before filing ADEA
action
9.121.30 Statute of limitations where federal employee
brings direct ADEA
action
9.124.10 Claims cognizable before the Civil Rights Act of
1991
9.124.11 Certain failure-to-promote claims may
have been cognizable before the Civil
Rights Act of 1991
9.124.20 Claims only cognizable after the Civil Rights Act
of 1991
9.128.10 Title VII filing period is not jurisdictional
9.129 42 U.S.C. §§ 1981 and 1983 - length of filing period by
State
9.130 When filing period begins to run
9.131 Issuance of right-to-sue letter
9.131.10 How is 90-day period calculated?
9.131.11 Plaintiff has burden of proving suit
filed within 90 days
9.131.12 What if plaintiff picks up right-to-sue
sent via certified mail within time
allotted by Postal Service?
9.131.13 What if plaintiff does not claim right-
to-sue letter sent via certified mail?
9.131.14 Presumption that right-to-sue letter
was mailed
9.131.15 Presumption as to when right-to-sue
letter was received
9.131.20 When does time begin to run if both the
attorney and the client receive the right-to-sue
letter?
9.131.30 EEOC notice can be oral
9.131.40 EEOC's Notice of Reconsideration can void right
to sue letter
9.131.41 Second right-to-sue letter does not
toll limitations period unless EEOC has
engaged in reconsideration
9.131.50 Whether request for reconsideration of EEOC
decision tolls 90 day filing period?
9.131.51 Federal employee's request for
reconsideration of EEOC decision tolls
90 day filing period
9.131.52 Non-federal employee's request to
EEOC for reconsideration does not toll
90 day filing period
9.131.60 When state is defendant, right to sue letter
must be obtained from Department of Justice
9.131.70 Issuance of right-to-sue letter before 180 days
has run
9.131.72 Whether EEOC regulation is valid
9.131.80 Plaintiff can only file suit after receiving a right-
to-sue letter that is issued in connection with a
timely-filed EEOC charge
9.132.10 Request for accommodation is a discrete act
9.133.10 Applicability of National Railroad to 42 U.S.C. §
1981
9.134 When cause of action accrues
9.134.10 Question of federal law
9.135.10 Constructive discharge
9.135.20 Tolling during application for class certification
9.140 Grounds for excusing late filing
9.141 Continuing violation
9.150 Effect of a nonsuit or dismissal without prejudice
9.160 Lapsed claim cannot be revived by filing new EEOC charge
9.200 Other procedural defenses
9.311 Quasi-judicial immunity
9.311.10 Defense not available to official capacity
defendant
9.320 Eleventh Amendment immunity
9.321.20 Text of Eleventh Amendment
9.321.21 Explanation of Eleventh Amendment
immunity
9.321.30 Who is protected by the Eleventh Amendment?
9.321.31 Who has burden of proof?
9.321.32 Test for determining whether a
governmental entity is an arm of the
state
9.321.33 State must be real party in interest
9.321.34 Local governmental entity
9.321.37 Puerto Rico as a state
9.321.40 Cases addressing whether a particular entity is
an arm of the state
9.321.50 Whether Congress has abrogated Eleventh
Amendment immunity
9.321.51 Two-pronged test for Congressional
abrogation of states' immunity
9.321.60 Whether a state has waived Eleventh
Amendment immunity
9.321.61 Intention to waive immunity
9.321.62 Acceptance of federal funds
9.321.63 Whether removal to federal court
constitutes a waiver
9.321.70 Relief available against the state
9.321.81 When must defense be raised
9.321.82 Supplemental jurisdiction statute does
not toll time for bringing action in
state court
9.321.83 Right to interlocutory appeal
9.321.84 Plaintiff must obtain right to sue letter
from Attorney General or state
retains
immunity
9.322.10 State can still be sued by United States
9.323.10 Ex Parte Young actions permitted
9.323.20 State can still be sued by United States
9.323.30 State can still be sued in most state courts
9.323.40 ADA retaliation claims
9.328 Rehabilitation Act
9.328.10 Waiver based on receipt of federal funds
9.329.10 Disparate impact claims
9.329.20 Religious discrimination claims
9.331 Tribal sovereign immunity
9.331.10 ADEA does not apply to Indian Tribes
9.332 Sovereign immunity can be raised any time
9.333 Foreign Sovereign Immunities Act
9.334 Sovereign immunity does not apply to a suit brought by
the EEOC
9.421 Who can raise qualified immunity defense?
9.422 What is the test for determining entitlement to
qualified
immunity?
9.422.10 Defendant's subjective state of mind is not
considered
9.422.20 Whether law is clearly established
9.422.21 Plaintiff has burden of proof that law is
clearly established
9.423 Is qualified immunity determination a judge or jury
question?
9.424 When is qualified immunity determination made?
9.424.10 Qualified immunity determination can be made
at trial when factual issue must be decided
before ruling can be made
9.425 Denial of qualified immunity is immediately appealable if
the issue is a question of law as opposed to a factual
dispute
9.426 Heightened pleading standard
9.433 42 U.S.C. § 1983
9.500 Res Judicata (CLAIM PRECLUSION) / Collateral Estoppel
(ISSUE PRECLUSION)
9.520 Standard for applying res judicata or claim preclusion
9.521.10 Denial of leave to add a claim can constitute the
first suit
9.522.10 Virtual representation
9.522.30 No privity between a private party and a
governmental agency because agency's
interests are broader
9.523 Whether subsequent claim can be barred where right to
sue letter had not been received during the pendency of
the earlier claim
9.530 Standard for applying collateral estoppel or issue preclusion
9.540 Miscellaneous issues regarding claim and issue preclusion
9.541 Employee's use of res judicata
9.542 State administrative findings
9.543 Whether plaintiff can pursue
state administrative
remedies
and then pursue a federal cause of action for
remedies
that were unavailable in the state proceedings?
9.544 What if plaintiff could have pursued discrimination claim
in state proceedings?
9.610 Defining / proving judicial estoppel
9.620 Representations made in regard to Social Security or
other
disability benefits
9.630 Workers' compensation
9.640 Others representations of disability
9.650 Failure to disclose employment discrimination claim in
bankruptcy court
9.651 Cause of action belongs to bankruptcy trustee
9.710 Ability tests
9.720 Bona fide occupational qualification
9.721 Positions for which BFOQ defense applies
9.723 Defense available when employee is pregnant
9.731 Specific cases
9.731.01 Police officer's ability to run
9.740 Collective bargaining agreement
9.750 Merit system
9.761 Proving a non-bona fide seniority system
9.771 Governmental entity, not individual defendant, holds
attorney/client privilege
9.810 Price Waterhouse or mixed-motive defense
9.822 Laches may only bar the older part of a harassment
claim