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5th Circuit: Late Filing of Religious Discrimination Claim Rejected

By Howard M. Friedman

In Harris v. Boyd Tunica Inc., (5th Cir., Dec. 20, 2010), the U.S. 5th Circuit Court of Appeals refused to apply the doctrine of equitable tolling to permit a Title VII religious discrimination claim to be filed more than 90 days after plaintiff received a right to sue notice from the EEOC. The late filing was caused by a clerical error made by a paralegal employed by plaintiff's counsel. The paralegal skipped a month when counting the days and marking the lawyer's calendar to indicate when the filing was due. BNA's Corporate Counsel Weekly (subscription required) reports on the decision.

Full post as published by Religion Clause on January 05, 2011 (boomark / email).