· 2/4/2003
Cynthia A. Ebbert v. Daimlerchrysler Corporation
Citations
- 319 F.3d 103
- 13 Am. Disabilities Cas. (BNA) 1806
- 2003 U.S. App. LEXIS 2082
- 2003 WL 252102
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “oral notice can suffice to start the 90-day period” if it is “equivalent to written notice”
- finding that general delegation of authority to EEOC to “carry out the provisions of [Title 42]” did not impliedly authorize EEOC to interpret “notice” with respect to the timeliness of court filings in 42 U.S.C. § 2000e-5(f)(1)
- finding oral notice of the right to sue was insufficient only because claimant was not informed of the 90-day statute of limitations
- explaining the ADA uses Title VII’s procedures which include a ninety day statute of limitations from the day the plaintiff received notice of dismissal from the EEOC (citing 42 U.S.C. § 12117 and 42 U.S.C. § 2000e-5(f)(1))
- approving of constructive notice because “a notice letter correctly delivered to a complainant’s residence or postal box constitutes notice even though the complainant may not have seen the notice him or herself at the time of delivery”
- “[A] ‘right-to-sue letter’ will follow an exhaustion of agency remedies; notice of the latter being the actual prerequisite to a Title VII lawsuit.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nygaard, Cowen, Michel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.