The EEOC issues the notice on completing or terminating its investigation, or on request after one hundred eighty days. Suit must be filed within ninety days of receipt.
The deadline is strictly enforced.
Alternative Names:
Notice of Right to Sue|RTS Letter
Why it Matters?
The ninety-day period runs from receipt and is treated as a limitations period subject to equitable tolling only in narrow circumstances, which makes proof of the receipt date consequential. Disputes arise where the letter was mailed to a former address or received by a family member. The period is short enough that a claimant retaining counsel after receiving the notice may have insufficient time for meaningful pre-suit investigation.
Frequently Confused with
Related terms
Frequently asked questions
When does the ninety-day period begin?
Is the deadline subject to tolling?
