Attorney prevailed on a Rule 12 Motion, which resulted in the dismissal of Plaintiff's amended complaint against the borough
Attorney prevailed on a Rule 12 Motion, which resulted in the dismissal of Plaintiff's amended complaint against the borough. Plaintiff was a former borough water operator who was suspended from his employment in September 2005. Plaintiff filed a Charge of Discrimination with the EEOC alleging a violation of the Americans with Disabilities Act (ADA), but he did not do so until 460 days after the date of his suspension. Plaintiff received his right-to-sue letter from the EEOC in December 2007, and he filed suit in federal court in March 2008 alleging a violation of Title VII of the Civil Rights Act and the Heart and Lung Law, but not the ADA. In response to our first Rule 12 Motion, Plaintiff filed his amended complaint in June 2008, alleging for the first time a violation of the ADA. Defense attorney contended Plaintiff's ADA claim was time-barred because (1) he failed to file his Charge of Discrimination with the EEOC within 300 days of his suspension and (2) he failed to bring a claim in federal court under the ADA within 90 days of his receipt of the right-to-sue letter. The Court agreed with both arguments and also rejected Plaintiff's position that the Court should equitably toll the limitations period.