Court Rules EEOC Issued Right-to-Sue Letter Too Soon

On July 30, the U.S. District Court for the Eastern District of New York ruled that the U.S. Equal Employment Opportunity Commission (EEOC) overstepped its authority by issuing a right-to-sue (RTS) letter just 57 days after a charge was filed — well short of the 180-day waiting period required under statutes including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).

The plaintiff alleged discrimination based on her disability and filed her ADA claim with the EEOC. She also brought related claims under New York state and New York City human rights laws. At her request, the EEOC issued an RTS letter less than two months later, stating it likely could not complete the investigation within the statutory time frame. However, the court found that the ADA permits the EEOC to issue an RTS letter only if it either dismisses the charge or waits the full 180 days.

The court emphasized that agencies cannot override clear statutory requirements. Citing the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (2024), the district court emphasized that courts, not agencies, interpret the law. As a result, the plaintiff’s ADA claim was dismissed without prejudice. The EEOC was ordered to reopen the charge and proceed in accordance with statutory timelines.