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Right-to-Sue Letter Directed to Attorney Constituted Notice to Employee for Purposes of Filing Timely Lawsuit

After she was denied sick leave, a doctor filed a complaint with the anti-discrimination unit of the Puerto Rico Department of Labor and Human Resources, alleging unlawful discrimination and unwarranted refusal to make a reasonable accommodation for her disability. The local agency referred the matter to the Equal Employment Opportunity Commission (EEOC), and without considering the merits, the EEOC issued a right-to-sue letter. The notice was sent to the doctor, her attorney, and to the employer, and stated that the doctor had 90 days in which to file a Title I action against her employer. Approximately 144 days after the right-to-sue letter was sent, the doctor sued her former employer for violations of the Americans with Disabilities Act. The employer argued that the case should be dismissed because the doctor’s claim was time barred. More ›