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Vol. 41, No. 3 Winter 2015

Employee Relations Law Journal

By: Howard S. Lavin, Elizabeth E. DiMichele

When may a party bring suit under Title VII? Surprisingly, there is a clear circuit court split on this very straightforward issue. On one end of the spectrum, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) has held that the U.S. Equal Employment Opportunity Commission (“EEOC”) must wait 180 days before issuing a right to sue letter.  On the other end of the spectrum, the Ninth and Eleventh Circuits have held that the EEOC may issue such a letter before the passage of 180 days.  In addition, several circuits have expressly declined to reach the issue.

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