Civil Actions By Individuals Against Employers

If the Commission finds no reasonable cause or if the Commission finds reasonable cause, but conciliation efforts fail and the EEOC decides not to file suit, the EEOC issues a Notice of Right to Sue, which informs the claimant of the right to file a lawsuit. A right-to-sue letter will also be issued in the following additional circumstances: - The EEOC lacks jurisdiction over the allegations in the charge. - The EEOC dismisses its administrative proceedings because the charging party refuses to provide necessary information or is otherwise uncooperative. - The charging party requests the notice within 180 days of filing the charge and EEOC will not be able to process the charge within the 180-day period. - The charging party requests notice after at least 180 days of filing the charge and EEOC has not filed suit. An individual generally must receive a Notice of Right to Sue before filing suit. However, receipt of a Right to Sue Notice is not considered to be a jurisdictional prerequisite although a plaintiff must show compelling circumstances to justify the filing of suit before receipt of the notice. A number of courts have allowed suit to proceed where the Notice is issued after the suit is filed, as long as it is received during the pendency of the action. The charging party has 90 days from the date of receipt of the Notice to file a lawsuit under the ADA. However, the 90-day period may be equitably tolled for reasons of fairness.