Filing an Employment Discrimination Charge with the …
EEOC Issues Guidance on Waivers of Discrimination Claims
The United States Supreme Court has held that the prescribed time limits for filing Title VII administrative charges and civil actions are not jurisdictional in nature, but more akin to a statute of limitations. Zipes v Trans World Airlines, Inc. (1982) 455 US 385, 393, 71 L Ed 234, 243, 102 S Ct 1127. As such, equitable concepts such as waiver, estoppel, and equitable tolling may apply to relieve a would-be plaintiff from the consequences of a tardy filing. 455 US at 393, 71 L Ed 2d at 243.
Filing A Charge of Discrimination Log into the EEOC Public Portal to:
Under Title VII and the ADA, a plaintiff has only 90 days to file a legal action following receipt of notice of the right to sue from the EEOC. 42 USC §§2000e-5(f)(1), 12117(a); see Gonzalez v Stanford Applied Eng’g, Inc. (9th Cir 1979) 597 F2d 1298, 1299. Failure to file a legal action within the requisite time periods gives rise to a statute of limitations defense rather than a failure to exhaust administrative remedies. See, e.g., Salgado v Atlantic Richfield Co. (9th Cir 1987) 823 F2d 1322, 1324.