Texas federal courts continue to strictly enforce the Equal Employment Opportunity Commission’s (EEOC) 90-day right-to-sue filing deadline in employment discrimination cases. As the EEOC has transitioned from mailed notices to electronic delivery through its portal, courts have clarified that the limitations period begins when the notice is issued and made available, regardless of when it is accessed or reviewed. Arguments based on portal access issues, confusion regarding receipt, or pro se status have generally not altered this analysis.
In a recent Bloomberg Law article, Gordon Rees Scully Mansukhani Senior Counsel Kelechi Onwumere examines how courts, including the U.S. Court of Appeals for the Fifth Circuit, are applying longstanding timeliness principles in the electronic notice context, as illustrated by Smith v. Texas Children’s Hospital and Stokes v. Dolgencorp. She highlights courts’ reliance on the evidentiary record, particularly binding admissions, along with their narrow application of equitable tolling and rejection of efforts to rely on later-issued EEOC notices to revive claims.
With exceptional skills gained from roles in the government sector, in-house at Fortune 10 companies, and at boutique and global law firms, Onwumere has managed numerous complex and highly confidential matters. She is known for her dedication and commitment to achieving effective resolutions in legal matters.
Read the full article in Bloomberg Law.