In Paniconi v. Abington Hospital- Jefferson Health, (ED PA, May 24, 2022), plaintiff, a 62-year-old white woman and a born-again Christian had filed a race and religious discrimination claim against her employer with the EEOC. The EEOC sent both plaintiff and her attorney a right-to-sue letter on Sept. 8, 2021, but sent it through an e-mail which merely told the recipients to check their EEOC portal for an important document. The e-mail to the attorney did not list the client's name or indicate that the important document was a right-to-sue letter. Title VII requires suit to be filed within 90 days after receipt of the right-to-sue letter. Plaintiff's attorney did not access the portal or download the letter until Sept. 13. Suit was filed on December 8, which is 91 days after receipt of the e-mail. The court dismissed the suit, rejecting the argument that the 90-day period should run from the date the attorney accesses the portal and downloads the letter. Instead it held that the 90-day period runs from the date the e-mail reaches the attorney's inbox. JD Supra reports on the decision.
