United States Second Circuit

District court judgment dismissing the plaintiff’s disability discrimination claim against her former employer under the Americans with Disabilities Act as untimely is affirmed where the plaintiff did not comply with the Act's requirement that a claim be filed within 90 days of the claimant’s receipt of a right-to-sue letter from the EEOC. Although the plaintiff may have filed her claim within 90 days of her counsel's receipt of the letter, the limitations period begins to run on the date that the letter is first received either by the claimant or by counsel, whichever is earlier.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven E. LaPrade, Paul F. Keneally