Where the lawsuit was filed within 90 days of the employee’s receipt of a determination of her second complaint, and that complaint alleged a hostile work environment, the continuing violation doctrine may allow her to overcome any objection as to time-barred discrete acts, so long as all acts are part of the same unlawful employment practice.
Background
Monica Andrews, an employee of the United States Postal Service, filed her complaint on Sept. 9, 2022, alleging that she had been discriminated against in her employment and subjected to a hostile work environment based on her race, sex and in reprisal for submitting a discrimination complaint to the postal service. The defendant has moved to dismiss, asserting that the lawsuit was untimely in that it had not been filed within 90 days of the plaintiff’s receipt of one of two final agency decisions by the postal service that considered and rejected claims made in the present lawsuit.
Analysis
I find that the plaintiff received the first final agency decision, or FAD, when it was delivered to a parcel locker for her on June 10, 2022. The second complaint was handled by the same analyst, who issued a second FAD on June 8, 2022, rejecting her claims. The tracking information showed the same type of deliveries as the first FAD, except that the date of delivery for the second FAD was June 11, 2022, the day after the delivery dates of the first FAD. Ninety days from June 10, 2022, would make the filing of the complaint in this...
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