Stamper v. Duval County School Board

In 2007, plaintiff filed with the EEOC a charge of race and disability discrimination against her employer, the school board. In 2009, the Commission dismissed the charge and provided her notice of her right to sue within 90 days, but plaintiff failed to file within that period. Instead, in 2011, plaintiff filed a request for reconsideration with the Commission, which then vacated the dismissal of her first charge. The DOJ then granted plaintiff's request for a new notice of her right to sue about the same allegations of discrimination, and she filed suit within 90 days of the second notice. The district court then dismissed the complaint as untimely. The Fourth Circuit affirmed, holding that the Commission lacked the authority to issue the second notice of the right to sue and thus plaintiff failed to establish she was entitled to equitable tolling. View "Stamper v. Duval County School Board" on Justia Law