698 F. App'x 627
2d Cir.2017Background
- Perez worked for Harbor Freight Tools from June 25, 2012 to December 18, 2012; he was discharged on December 18, 2012.
- Perez filed an EEOC charge on September 10, 2015 and received a right-to-sue letter on September 11, 2015; he filed this lawsuit on October 19, 2015.
- The Title VII filing deadline for Perez (in New York) was 300 days after the alleged unlawful employment practice—so his EEOC charge was filed well beyond the 300-day period.
- Harbor Freight moved to dismiss as time-barred; the district court converted the motion to one for summary judgment and granted it, finding Perez’s claims untimely and denying equitable tolling.
- Perez sought equitable tolling based on two theories: (1) an EEOC investigator allegedly told him he had three years to file, and (2) he was largely incapacitated and bedridden for long portions of 2013–2016.
- The district court rejected both bases for tolling; the Second Circuit affirmed, holding Perez offered insufficient evidence of misleading EEOC advice or of extraordinary incapacity and lack of diligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perez's Title VII claims are time-barred | Perez filed with EEOC nearly three years after discharge but seeks equitable tolling | Claims are untimely under the 300-day rule; no tolling applies | Claims are time-barred; summary judgment for defendant affirmed |
| Whether erroneous EEOC advice justifies tolling | Perez says an EEOC investigator told him he had three years to file | Harbor Freight says Perez offers no specifics or corroboration of the alleged advice | Court found Perez's conclusory assertions insufficient; no tolling for alleged EEOC misinformation |
| Whether Perez's alleged incapacitation justifies tolling | Perez claims he was confined to bed for long periods 2013–2016 and could not timely file | Harbor Freight produced evidence (state lawsuit activity, depositions, international travel) showing Perez was active | Court held record contradicts incapacity claim; no equitable tolling due to lack of extraordinary circumstances and diligence |
Key Cases Cited
- Garcia v. Hartford Police Dep’t, 706 F.3d 120 (2d Cir. 2013) (standard of review for summary judgment)
- Somoza v. N.Y.C. Dep’t of Educ., 538 F.3d 106 (2d Cir. 2008) (statute-of-limitations review standard)
- Zerilli-Edelglass v. N.Y.C. Transit Auth., 333 F.3d 74 (2d Cir. 2003) (equitable tolling only in rare and extraordinary circumstances)
- Chapman v. ChoiceCare Long Island Term Disability Plan, 288 F.3d 506 (2d Cir. 2002) (tests for equitable tolling: diligence and extraordinary circumstances)
- Johnson v. Al Tech Specialties Steel Corp., 731 F.2d 143 (2d Cir. 1984) (erroneous EEOC advice can justify tolling if substantiated)
- DeMatteis v. Eastman Kodak Co., 520 F.2d 409 (2d Cir. 1975) (equitable tolling where EEOC admitted sending erroneous right-to-sue letter)
- Koch v. Christie’s Int’l PLC, 699 F.3d 141 (2d Cir. 2012) (abuse-of-discretion standard for denial of equitable tolling)