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Advilda Loubriel v. Fondo Del Seguro Del Estado

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Before Thompson, Selya and Lipez, Circuit Judges.

The issue in this case concerns a procedural requirement that must be satisfied in order to file suit under Title I of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12117. Pursuant to this requirement, a claimant must exhaust administrative remedies and file her Title I suit within 90 days after receiving a right-to-sue notice from the Equal Employment Opportunity Commission (EEOC). A failure to abide by the 90-day requirement renders the suit untimely.

The court below, citing this requirement, concluded that the plaintiff’s Title I suit was brought too late.*fn1 The plaintiff appeals. Although our reasoning differs from that of the district court, we affirm.

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