United States Fifth Circuit

When an agency notifies a party of his or her right to sue, and includes in that notification a presumption of receipt, that presumption will be upheld so long as it is reasonable. In an action in which a postal employee alleged discrimination based on her race, sex, and age, dismissal of the action as untimely is affirmed as plaintiff was notified of a five-day presumption of receipt in her right-to-sue letter, and the presumption was reasonable on the facts of the case.

Appellate Information

• Decided 06/06/2007
• Published 06/07/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Reva Morgan, Houston, TX, pro se., Glenn Kenneth Schreiber, Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Potter.