Tyquisha M. Stamper v. Duval County School Board
863 F.3d 1336
| 11th Cir. | 2017Background
- In 2007 Tyquisha Stamper filed EEOC charges alleging race and disability discrimination by the Duval County School Board.
- On February 26, 2009 the EEOC dismissed her charge and mailed a Notice of Right to Sue; Stamper did not file suit within the 90-day period.
- In July 2011 Stamper requested reconsideration; in December 2011 the EEOC issued a notice vacating its earlier dismissal under 29 C.F.R. § 1601.19(b).
- Stamper then filed a second charge and the Department of Justice issued a second Notice of Right to Sue on November 5, 2012; Stamper filed a pro se federal complaint on January 18, 2013.
- The School Board moved to dismiss as untimely; the district court allowed limited discovery on equitable tolling but ultimately granted summary judgment for the Board.
- The Eleventh Circuit affirmed, concluding the EEOC/DOJ lacked authority to revive the expired 90-day period and Stamper failed to prove equitable tolling due to her psychiatric condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the EEOC (or DOJ) could revive an expired 90-day § 2000e-5(f)(1) limitations period by vacating a prior dismissal and issuing a new right-to-sue notice | Stamper: the December 2011 revocation/vacatur revived her right to sue and thus the 2012 notice started a new 90-day period | Board: the EEOC regulation permits revival only when reconsideration is initiated within the original 90 days; here the 90-day period had expired so no revival | Held: No — the regulation and precedent allow restarting the 90-day window only when reconsideration occurs within the original 90 days; the second notice did not revive the limitations period |
| Whether equitable tolling applies because Stamper suffered catatonic schizophrenia | Stamper: her mental illness prevented timely filing and entitles her to equitable tolling | Board: medical records and Stamper’s own actions (calling an attorney hotline, attending appointments, handling checks) show she could have timely sued | Held: No — Stamper failed to establish a causal connection between her psychiatric condition and inability to file within the 90-day period |
Key Cases Cited
- Gonzalez v. Firestone Tire & Rubber Co., 610 F.2d 241 (5th Cir. 1980) (Commission may rescind right-to-sue only if notice to reconsider issued within original 90 days)
- Dougherty v. Barry, 869 F.2d 605 (D.C. Cir. 1989) (reconsideration revives private suit only when it occurs within ninety days of first right-to-sue notice)
- Zipes v. Trans World Airlines, 455 U.S. 385 (1982) (timely administrative exhaustion requirement is subject to equitable tolling)
- Lawrence v. Florida, 421 F.3d 1221 (11th Cir. 2005) (mental incapacity may warrant equitable tolling only with causal connection to filing delay)
- Sandvik v. United States, 177 F.3d 1269 (11th Cir. 1999) (equitable tolling applies for extraordinary, beyond-control, and unavoidable circumstances)