What's Happening?
Texas federal courts are increasingly dismissing employment discrimination lawsuits that are filed outside the 90-day window set by the Equal Employment Opportunity Commission (EEOC) for right-to-sue notices. This strict enforcement applies even when
plaintiffs argue that they faced delays in accessing the EEOC's electronic portal or were confused about the deadline. The courts have maintained that the issuance of a right-to-sue notice through the EEOC's portal is sufficient to start the clock, and any delay in accessing the notice does not extend the filing deadline.
Why It's Important?
The strict enforcement of the EEOC's 90-day filing deadline by Texas courts has significant implications for both plaintiffs and employers. For plaintiffs, it underscores the critical importance of adhering to statutory deadlines, as missing the deadline by even a single day can result in the dismissal of potentially valid claims. For employers, this enforcement provides a clear procedural defense against untimely lawsuits, allowing them to focus on substantive defenses. The decision also highlights the need for plaintiffs to promptly act upon receiving a right-to-sue notice to preserve their legal rights.
