B&B Founding Partner, David E. Belfort, was recently interviewed by Massachusetts Lawyers Weekly relating to the First Circuit appellate decision of Garcia-Gesualdo v. Honeywell Aerospace of Puerto Rico, Inc. in which a federal panel reversed a lower District court’s decision granting the defendant’s Motion to Dismiss plaintiff’s discrimination claims as untimely because suit was not filed within the short 90-day limitations period.
The case revolved around whether two of the EEOC’s email notices to the Plaintiff and her counsel adequately put them on notice that a final determination and ‘right to sue’ was issued by the EEOC that would start the strict 90-day statute of limitations clock. The court concluded that the initial notices were not adequate. It held that when the EEOC finally resolved its docket access issues and sent a compliant notice of final determination – conveying a clear ‘right to sue’, the plaintiff indeed filed its complaint in court timely.
Attorney Belfort, who was not involved in Garcia-Gesualdo, was asked by Lawyers Weekly to comment on the decision. Attorney Belfort applauded the Panel’s reversal and stated it was disappointing for “Honeywell to put form over substance to deprive the employee their day in court based on an administrative snafu” that originated at the EEOC. Attorney Belfort added that the initial emails from the EEOC to the plaintiff did not, “properly notify the plaintiff that the agency’s decision was final, which is an essential element of the notice requirement.” In sum, Attorney Belfort stated that it would have been “grossly unfair” to bar the plaintiff’s claims as untimely when the technology issues with the EEOC docketing system were completely out of their control. When they finally received notice – Plaintiff acted promptly and within the law.
Bennett & Belfort, P.C. will post updates on further events involving this case and more broadly as to developments in business, employment law and litigation.
