United States Fourth Circuit

In a disability discrimination action, the dismissal of the complaint is reversed, where the filing of a motion for reconsideration with the EEOC tolls the 90-day period in which an aggrieved federal employee may file a civil action after an adverse EEOC decision.

Appellate Information

• Decided 05/04/2009
• Published 05/04/2009

Judges

• Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Phoebe Leslie Deak, Washington, D.C., for Appellant.   Dennis Carl Barghaan, Jr., Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.