A federal appeals court has applied the doctrine of equitable tolling to extend the deadline for filing an unlawful retaliation charge with the Equal Employment Opportunity Commission (EEOC). In Weathers v. Houston Methodist Hospital, the U.S. Court of Appeals for the Fifth Circuit ruled September 4 that an individual who filed a discrimination charge with the EEOC two days late because of the agency’s incompetence in handling her inquiries could proceed with her claim.
Under Title VII of the Civil Rights Act of 1964, a charging party generally has 180 days from the alleged adverse employment action to file a charge with the EEOC. The district court dismissed the complaint, declining to apply equitable tolling because the EEOC did not intentionally mislead the employee about her rights and obligations. However, the appeals court held that the employee’s charge was timely filed, noting that she missed the deadline because the EEOC mishandled her inquiries.
The Fifth Circuit stressed that the doctrine of equitable tolling should be used sparingly. In this case, however, it concluded that the EEOC’s errors necessitated extending the deadline.
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