Cases of Note

OVERVIEW: Plaintiff worked for defendant museum, became pregnant while single, and began a company-authorized maternity leave after giving birth. Defendant terminated plaintiff's employment. Plaintiff claimed that defendant museum discriminated against her. The lower court found that plaintiff had commenced her action too late after receiving her Right-to-Sue (RTS) notification, and therefore could not bring her claim. The court found that because plaintiff had not rebutted the presumption that she had received the RTS five days after it was mailed, and in any case admitted that she knew or suspected that the certified mailing contained the notice. Plaintiff's pro se status did not excuse her failure to respond in time. Plaintiff's neglect was the primary cause of delay.

OUTCOME: The court affirmed the dismissal of plaintiff's claims, because she was not excused from filing in time because of her pro se status, and because she had received constructive notice more than 90 days before. (Click here for opinion)