Herbert K. Wilson v. Federico F. Pena, Secretary, Department of Transportation
79 F.3d 154 · Court of Appeals for the D.C. Circuit · 1996
Facts
The Coast Guard discriminated against Herbert Wilson, leading to an EEOC order for backpay. Wilson challenged the Coast Guard's backpay calculation, which used a low performance rating and offset "moonlighting" income. The EEOC denied his performance rating challenge but remanded the offset issue, providing an incorrect 30-day lawsuit filing notice instead of the statutory 90 days. The district court dismissed both claims as untimely or unexhausted.
Issue
Did the district court err in dismissing Wilson's Title VII claims as untimely or for failure to exhaust administrative remedies, given the EEOC's defective notice of the limitations period and the 180-day rule for administrative inaction?
Holding
The appellate court reversed, holding that Wilson's performance rating claim was timely because the EEOC's incorrect 30-day notice prevented the limitations period from running. His offset claim was also improperly dismissed, as he had exhausted administrative remedies after 180 days of EEOC inaction on his enforcement petition.
Rule
The 90-day statute of limitations for Title VII federal employee lawsuits does not commence if the EEOC provides defective notice of the filing period. Furthermore, a complainant satisfies administrative exhaustion requirements and gains the right to sue if 180 days pass without final agency or EEOC action on a complaint or enforcement petition.
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