Farris v. Shinseki
660 F.3d 557
| 1st Cir. | 2011Background
- Farris was employed by the VA as a Clinical Social Worker in Togus, Maine beginning November 2007.
- She suffered a work-related neck/shoulder injury on September 22, 2008, with a subsequent one-month absence.
- Farris informed VA personnel of her myasthenia gravis and scleroderma, but continued to perform her duties satisfactorily.
- VA placed Farris on administrative leave on October 31, 2008 and terminated her on November 12, 2008.
- ORM notified her on December 17, 2008 that she had 15 days to file a formal EEOC complaint, with receipt on December 18, 2008 and deadline January 2, 2009.
- Farris’s attorney filed the formal EEOC complaint on January 13, 2009, eleven days late; the EEOC denied it as untimely and the district court later granted summary judgment for the VA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies to save late EEOC filing | Farris seeks tolling under Baldwin County/Irwin factors | No exceptional circumstances; timely notice and attorney fault | No tolling; district court did not abuse its discretion |
| Whether Perry excusable neglect framework applies to administrative timelines | Perry supports excusable neglect for late filing | Perry does not apply to administrative deadlines | Perry not applicable; Baldwin/Irwin framework controls |
Key Cases Cited
- Irwin v. Dep't of Veterans Affairs, 498 U.S. 89 (1990) (exhaustion and equitable tolling principles in administrative context)
- Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147 (1984) (four-factor framework for tolling)
- Mercado v. Ritz-Carlton San Juan Hotel, Spa & Casino, 410 F.3d 41 (1st Cir. 2005) (five-factor tolling considerations)
- Kale v. Combined Ins. Co. of America, 861 F.2d 746 (1st Cir. 1988) (case-specific factors in tolling)
- Abraham v. Woods Hole Oceanographic Inst., 553 F.3d 114 (1st Cir. 2009) (abuses of discretion in tolling)
- Vera v. McHugh, 622 F.3d 17 (1st Cir. 2010) (narrow application of equitable relief against government)
- Cano v. United States Postal Serv., 755 F.2d 221 (1st Cir. 1985) (dismissal for failure to file timely under exhaustion framework)
- Perry v. Wolaver, 506 F.3d 48 (1st Cir. 2007) (excusable neglect standards in civil cases; not controlling here)
- Rys v. U.S. Postal Serv., 886 F.2d 443 (1st Cir. 1989) ( tolling rationale context)