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Sherry L. Detata v. Roll Print Packaging Products Inc

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ARGUED OCTOBER 6, 2010-

Before EASTERBROOK, Chief Judge, and WOOD and EVANS, Circuit Judges.

The only question before us in this appeal is whether Sherry DeTata’s lawsuit complaining of sex discrimination at the hands of her employer, Rollprint Packaging Products, Inc., was filed too late. Everyone agrees that she properly filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”); the problem centers around what happened next. The EEOC dismissed DeTata’s case, and it mailed a right-to-sue letter, but that letter never reached DeTata and was returned to the agency as undeliverable. DeTata learned about the agency’s action only when she telephoned to check on her case. At that point, the EEOC re-sent the right-to-sue letter and a copy of her file; she filed this suit within two months of receiving those materials. The district court, however, using the date of DeTata’s phone call as the beginning of the 90-day period in which she had to file her suit, granted Rollprint’s motion to dismiss on the ground that her suit was untimely. We conclude that, under the facts of this case, the telephone call did not satisfy the notice requirements of 42 U.S.C. § 2000e-5(f)(1). We therefore vacate the district court’s judgment and remand the case for further proceedings.

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