Where a woman asserted multiple employment-related claims against her former employer and several employees, but some of her claims were not timely, others were not exhausted and the remaining federal claims were not plausible, the suit was dismissed.
Naliah Harris filed a pro se complaint alleging claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA, the Americans with Disabilities Act, or ADA, the Employee Retirement Income Security Act of 1974, or ERISA, and state law against her former employer, the Virginia Commonwealth University Health System Authority and several individuals. Defendants have filed a motion to dismiss.
Once a plaintiff receives a right-to-sue letter from the EEOC, she has ninety days to file her Title VII and ADA claims in a federal court. Courts “strictly” construe this requirement. Here, Harris filed her Title VII race discrimination claim, Title VII retaliation claim and her ADA claims after her 90-day deadline passed.
Harris nevertheless argues that equitable tolling applies because she was “proceeding pro se, navigating medical issues, and responding to employer misrepresentations and inconsistent classifications of her separation.” These reasons, however, do not support the application of equitable tolling.
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