Judge Eschews EEOC Right-to-Sue Notice Rule Under Loper Bright

Long Island University employee can’t yet pursue disability bias claims over her termination because the right-to-sue letter the EEOC sent her is invalid, a Brooklyn federal judge said in a novel ruling.

The agency overstepped its authority by issuing a regulation that allows it to issue right-to-sue notices sooner than 180 days after a discrimination charge is filed, even if the charge hasn’t been dismissed, the US District Court for the Eastern District of New York said Wednesday. That rule conflicts with the Title VII of the 1964 Civil Rights Act, which permits the agency to send right-to-sue letters after ...