Court Applies Equitable Tolling to Disability Claim as Delay was Caused by EEOC's Inaction
By Heather Panick
In Morris v. Lowe’s Home Ctrs. Inc., 2011 U.S. Dist. LEXIS 63008 (M.D. N.C. 2011), the United States District Court in North Carolina held that equitable tolling applies to Plaintiff’s disability claim because the delay caused by the EEOC in scheduling the claimant’s interview after the deadline to file a lawsuit was an “extraordinary circumstance” beyond Plaintiff’s control that made it impossible for her to file her claims on time.
Plaintiff resigned her position as live nursery specialist with Lowe’s Home Centers Inc. on May 1, 2007 after allegedly being harassed about her breast cancer and hospitalization due to injuries that she sustained while working. Ms. Morris visited the EEOC on October 10, 2007 and completed an intake questionnaire and an ADA disability questionnaire. She indicated on these forms that the deadline to file a lawsuit was October 28, 2007. The EEOC did not interview Ms. Morris then, but rather scheduled her interview for November 5, 2007 and then rescheduled the interview for November 27, 2007. The EEOC was aware that both of these dates were passed the required filing deadline.
Plaintiff then filed her lawsuit beyond the deadline to do so. The district court denied Lowe’s subsequent motion to dismiss for filing beyond the deadline, however, on the ground the deadline was equitably tolled. The district court followed Fourth Circuit precedent holding equitable tolling may apply when the untimely filing resulted from processing delays at the EEOC or from misleading statements by EEOC officials. The district court further found that there was no harm in the delay, given that Ms. Morris first took action three weeks prior to the filing deadline. The district court reasoned that because the delay was caused by the EEOC, that delay was an “extraordinary circumstance” that was out of Ms. Morris’ control and left her incapable of filing the charge on time.
