United States Tenth Circuit

In an employment discrimination suit against plaintiff's former employer, summary judgment for defendant on the ground that the action was time-barred is reversed where the state anti-discrimination agency's notice in this case did not trigger the 90-day limitation period for purposes of filing a federal action under Title VII, because nothing in the worksharing agreement between the Colorado Civil Rights Division (CCRD) and the EEOC, or relevant case law, supported defendant's view that the CCRD could issue right-to-sue notices on behalf of the EEOC.

Appellate Information

• Decided 04/26/2010
• Published 04/26/2010

Judges

• TYMKOVICH, Circuit Judge., Before BRISCOE, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Susan R. Hahn, Law Office of Susan R. Hahn, LLC, Littleton, CO, for Appellant., James M. Tucker, (John F. Suhre, Attorney, Vincent J. Blackwood, Acting Associate General Counsel, and James L. Lee, Deputy General Counsel, with him on the brief) Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission, and Barry D. Roseman, McNamara, Roseman, Martinez & Kazmierski, LLP, Denver, CO, with Stefano G. Moscato, National Employment Lawyers Association, San Francisco, CA, on the brief for Amicus Curiae National Employment Lawyers Association.


• For Appellees:
  
• Joanne P. Underhill (Colin E. Moriarty with her on the brief), Underhill & Underhill, P.C., Greenwood Village, CO, for Appellee.