Legal Memorandum: Doctrine of Equitable Tolling

Issue: Under federal law, is it error to grant summary judgment when a charge was filed in a timely fashion under the doctrine of equitable tolling?

“[F]iling a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling.”  TA s "Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 3" c 1 l "Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (1982)"Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 391 (1982).  Equitable tolling applies when the complainant fails to file a formal, verified charge within the prescribed time period.  Cf. TA s "Price v. Southwestern Bell Tel. Co., 687 F.2d 74, 77" c 0Price, 687 F.2d at 79.

Under the equitable tolling doctrine, the employment discrimination plaintiff’s delay in filing a sufficient EEOC charge is due to another party’s error or wrongdoing.  E.g., TA s "Baradell v. Board of Soc. Servs., 970 F. Supp. 489, " c 2 l "Baradell v. Board of Soc. Servs., 970 F. Supp. 489 (W.D. Va. 1997)"Baradell v. Board of Soc. Servs., 970 F. Supp. 489, 492-93 (W.D. Va. 1997).  Errors on the part of the EEOC also serve to toll the statutory period.  “A Title VII complainant is not charged with the Commission’s failure to perform its statutory duties.”  TA s "Russell v. American Tobacco Co., 528 F.2d 357, 365 (" c 3 l […]