Vazquez-Rivera v. Figueroa
759 F.3d 44
1st Cir.2014Background
- Vázquez filed an EEO complaint alleging disability discrimination, hostile work environment, and retaliation by the U.S. Army.
- He received a NORF on July 9, 2010, stating a 15-day filing window to file a formal complaint.
- The 15-day period ended July 24, 2010, extended to July 26, 2010, by regulation counting; he filed July 27, 2010.
- EEOC dismissed the complaint as untimely; the agency affirmed on February 2, 2011.
- Vázquez filed suit on April 15, 2011, with remaining claims narrowed to Rehabilitation Act (791/794) theories; district court eventually dismissed for lack of exhaustion and failure to state a claim.
- On appeal, the First Circuit reviews only the Rehabilitation Act claims and upholds dismissal, including denial of equitable tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rehabilitation Act claim was timely filed | Vázquez argues timely filing under Rule 6(d) extension. | Army/EEOC correctly treated filing as untimely under 29 C.F.R. § 1614.106(b). | Untimely filing; no Rule 6(d) extension applied. |
| Whether equitable tolling excuses the late filing | Mental illness justified tolling for one-day delay. | Mental impairment not proven to render rational thought impossible; evidence insufficient. | Equitable tolling rejected; district court acted within discretion. |
Key Cases Cited
- Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (1982) (filing deadlines subject to waiver, estoppel, equitable tolling; not jurisdictional)
- Meléndez-Arroyo v. Cutler-Hammer de P.R. Co., 273 F.3d 30 (1st Cir. 2001) (mental disability can support tolling only if severe and prevents rational thought/decisionmaking)
- Bartlett v. Dep't of the Treasury (I.R.S.), 749 F.3d 1 (1st Cir. 2014) (deals with exhaustion and tolling in Rehabilitation Act context)
- Farris v. Shinseki, 660 F.3d 557 (1st Cir. 2011) (equitable tolling requires a substantial showing of disability or incapacity)
- Irwin v. Dep't of Veterans Affairs, 498 U.S. 89 (1990) (two-part exhaustion and waiver concept; sovereign immunity)
- Roman-Martinez v. Runyon, 100 F.3d 213 (1st Cir. 1996) (exhaustion required for Rehabilitation Act claims)
- Jorge v. Rumsfeld, 404 F.3d 556 (1st Cir. 2005) (exhaustion requirements and administrative procedures in Title VII context)