90 Day Right to Sue Requirement Runs from Time Lawyer Got Notice, First Circuit Says

Darrell VanDeusen
Darrell VanDeusen
09/26/2012

It’s pretty well recognized that a plaintiff needs to file a lawsuit within 90 days of her receipt of a notice of right to sue from the EEOC.  The timing requirement applies even if the recipient was not the plaintiff, but the plaintiff’s lawyer, according to the First Circuit.   Affirming summary judgment to Fondo del Seguro del Estado, Puerto Rico’s State Insurance Fund, the court held that Advilda Loubriel did not present sufficient evidence to rebut a presumption that her attorney received the EEOC notice within a “reasonable time” after the date on the right-to-sue letter. Loubriel v. Fondo Del Seguro Del Estado, 2012 U.S. App. LEXIS 19934 (1st Cir. Sept. 21, 2012).

Relying on Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), the First Circuit stressed that “receipt of an EEOC notification letter by a claimant’s designated representative is sufficient to begin the running of the filing period.”  Stated otherwise, “notice to the attorney is notice to the claimant.”  The parties did not dispute that EEOC mailed right-to-sue notices to Loubriel and her lawyer. Thus, Loubriel had constructive notice of the 90-day filing period upon her attorney’s receipt of EEOC’s letter. The lawyer continued to represent her in the matter, but a lawsuit was not filed until 144 after the notice of right to sue was sent.

 

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