Where a former employee filed his Title VII suit on the 91st day after he received notice of the agency’s decision on his employment complaint, and he failed to demonstrate the deadline should be equitably tolled, the suit was dismissed.
Background
Federico Dimas Jr. alleges five counts against his former employer under Title VII of the Civil Rights Act of 1964: (1) discrimination on the basis of his race and color; (2) discrimination on the basis of his national origin; (3) discrimination on the basis of his sex/gender; (4) hostile work environment on the basis of race, sex and gender and (5) retaliation on the basis of prior Equal Employment Opportunity, or EEO, activity. Defendant has filed a motion to dismiss.
Timeliness
Defendant argues that plaintiff’s apparent Title VII claims are time-barred because the complaint was not filed in this court within 90 days after receipt of the final agency decision concerning plaintiff’s EEO complaint on July 22, 2021. Plaintiff acknowledges that he failed to timely file his complaint but contends that his error may be excused under equitable tolling principles. To be entitled to equitable tolling, plaintiff must show that “some extraordinary circumstance stood in [plaintiff’s] way” and prevented him from timely filing his complaint.
Plaintiff is not entitled to equitable tolling. Plaintiff received his right to sue letter on July 22, 2021. Thus, the 90-day tolling date after receipt of the right to sue letter was Oct. 20, 2021....
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