Mack v. WP Co.
2013 U.S. Dist. LEXIS 20483
D.D.C.2013Background
- Mack sues WP Company, LLC (d/b/a Washington Post) for FMLA violations; the Court previously denied summary judgment on FMLA claims but identified two material factual issues: whether the Post retaliated for April 2006 medical leave and whether termination in May 2006 interfered with leave.
- Mack later filed a Title VII action alleging race, religion, gender, and disability discrimination; these Title VII claims were consolidated with the FMLA action.
- The Post moved for summary judgment on Title VII claims and on the maximum damages for surviving FMLA claims.
- The Title VII claims require administrative exhaustion; the EEOC issued a right-to-sue notice dated February 24, 2009.
- Mack alleges non-receipt of the notice; the notice was postmarked August 26, 2009 and mailed to Mack’s new address after initial issues.
- The Court concludes Mack’s Title VII complaint was filed after the 90-day period and cannot be saved by waiver, estoppel, or equitable tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mack filed timely Title VII suit after receipt of the right-to-sue notice | Mack received notice Sept. 4, 2009; timely under 90 days | Receipt date presumptively Aug. 26, 2009; filing Dec. 3, 2009; untimely | Timeliness not satisfied; claims dismissed |
| Whether receipt of the right-to-sue notice can be presumed and rebutted | Plaintiff’s deposition supports receipt later | Evidence shows receipt earlier; presumption unrebutted | Presumption not rebutted; late filing stands |
| Whether equitable tolling applies to salvage the late Title VII filing | Equitable tolling should apply due to notice issues | Equitable tolling requires extraordinary circumstances; not shown | Equitable tolling not available; Title VII claims dismissed as untimely |
| Whether the damages on the surviving FMLA claims may be capped at $4,239.36 | Damages for FMLA claims in dispute | Damages amount calculable; plaintiff failed to address | Damages capped at $4,239.36 (uncontested by Mack) |
| Whether summary judgment is proper on Title VII claims given unresolved FMLA issues | — | — | Summary judgment granted on Title VII due to untimeliness |
Key Cases Cited
- Griffin v. Acacia Life Ins. Co., 151 F. Supp. 2d 78 (D.D.C. 2001) (time limit for filing after EEOC notice; statute of limitations treated as non-jurisdictional)
- Akridge v. Gallaudet Univ., 729 F. Supp. 2d 172 (D.D.C. 2010) (presumptive receipt date for right-to-sue letter; computation rules)
- Nkengfack v. American Ass’n of Retired Persons, 818 F. Supp. 2d 178 (D.D.C. 2011) (three- or five-day receipt presumptions; equitable tolling limitations)
- Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147 (Supreme Court 1984) (prescribed receipt-date presumptions for calculating deadlines)
- McAlister v. Potter, 733 F. Supp. 2d 134 (D.D.C. 2010) (rebutting receipt presumptions; strict 90-day rule; no tolling here)
- Turner v. Afro-American Newspaper Co., 572 F. Supp. 2d 71 (D.D.C. 2008) (strict enforcement of ninety-day deadline; no tolerance for minor lateness)
- Wiley v. Johnson, 436 F. Supp. 2d 91 (D.D.C. 2006) (strict ninety-day deadline; lateness even by one day barred)