Rivera-Diaz v. Humana Health Plans of P.R.

Plaintiff’s employment with Employer was terminated due to what Plaintiff alleged was disability discrimination and retaliation. Plaintiff filed a discrimination complaint against Employer with the Equal Employment Opportunity Commission (EEOC) but did not file a civil action against Employer within ninety days after he received a right-to-sue letter from the EEOC. Plaintiff filed a new administrative charge against Employer two months after the first right-to-sue letter issued adding a second charge for retaliation. Less than a month after the transmittal of the second right-to-sue letter, Plaintiff sued Employer and other defendants in federal district court for discrimination and retaliation under the Americans with Disabilities Act (ADA). The district court dismissed both federal claims on the grounds that they were time barred, as (1) the discrimination claim was not brought within ninety days of Plaintiff’s receipt of the first right-to-sue letter, and (2) the retaliation claim had been filed too late with the EEOC. The First Circuit Court of Appeals affirmed, holding that the district court did not err in dismissing both charges due to Plaintiff’s failure to meet applicable time limits. View "Rivera-Diaz v. Humana Health Plans of P.R." on Justia Law