Education Law Questions? Ask an Education Lawyer
March 26, 2012
Thank you for your follow-up.The attorney in this situation is unfortunately correct. Discrimination cases do not 'toll' especially because a victim can file suit even without a 'right to sue' letter, that letter simply makes the suit stronger. This is typically something you cannot fix as you could have filed earlier, but you could claim that while the EEOC was making their decision, you thought that the time tolled and only began rolling when you received the letter. I have to be honest and state that case law and precedent would not be in your favor, but it really is the only claim you have left. That would be an easier argument to make if you filed almost immediately after obtaining the letter, but as you waited 3 months, it likewise can be used to show that you are beyond the statutory period. I am very sorry, I truly am, but I have to be as honest about this with you as I can be.
Please take care.