Court of Appeals Reverses Dismissal and Remands Finding EEOC’s Right-to-Sue Notice Insufficient

For Immediate Release: January 12, 2011

Chicago, IL – A panel of judges in the U.S. Court of Appeals for the Seventh Circuit agreed with Craig M. Sandberg that the district court erred in dismissing as untimely plaintiff's Equal Employment Opportunity Commission (“EEOC”) charge that was filed more than 90 days after plaintiff had received oral notice (via telephone call) of EEOC dismissal of said charge, but within 90 days of plaintiff's receipt of re-sent EEOC right-to sue letter. The Court found that the telephone call, which failed to inform plaintiff of time frame in which to file lawsuit, did not satisfy notice requirements of 42 USC section 2000e-5(f)(1). The Court vacated the district court's dismissal and remanded the matter.

WHAT: Opinion in DeTata v. Rollprint Packaging Products, Inc., 632 F.3d 692 (7th Cir. 2011).

WHO: The law firm of Muslin & Sandberg represented the plaintiff on appeal in the U.S. Court of Appeals for the Seventh Circuit.

WHERE: United States Court of Appeals for the Seventh Circuit, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois

To view a PDF of the Court's Order, please click here: DeTata v. Rollprint Packaging Products, Inc., 632 F.3d 692 (7th Cir. 2011)