Electronic Notice Snafu Spurs Revival of Worker’s Job Bias Suit

An ex-Defense Logistics Agency employee’s time to sue for disability bias ran from when he could access the agency’s final decision and right-to-sue notice, which was delayed by electronic transmission errors, the Ninth Circuit ruled, reinstating his lawsuit.

The opinion Thursday addressed an open issue for the court: how to measure in the age of electronica a worker’s receipt of a notice that triggers the 90 days they have to pursue litigation after a federal agency or the Equal Employment Opportunity Commission are done reviewing or processing a discrimination complaint or charge.

“For notices transmitted via traditional mail service,” the ...