Sherry L. Detata v. Roll Print Packaging Products Inc

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

More From ALM

Discover how AI is transforming small law firms with increased efficiency, accuracy, and productivity. This latest report reveals key insights from a 2024 survey, showcasing how professionals are leveraging AI to improve billable hours and client services. Download now to explore the benefits and elevate your legal practice.

The Positive Impact of AI at Small Law Firms: 4 Key Insights

Brought to you by LexisNexis®
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

The National Law Journal Legal Awards 2024

October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More