Ilaw v. Daughters of Charity Health System, Inc.

MEMORANDUM

Miguel Ilaw appeals the district court’s dismissal with prejudice of his Title VII action as untimely filed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court correctly concluded that Haw’s Title VII action was untimely filed. After a party files a charge of discrimination with the EEOC and receives a right to sue letter, he must bring a Title VII action in state or federal court within 90 days of receiving the right to sue letter. 42 U.S.C. § 2000e-5(f)(l)(A). Ilaw received his right to sue letter on October 22, 2010, but did not file his Title VII claims until June 7, 2011, over 220 days later. Because Ilaw failed to file his Title VII claims within 90 days of receiving his right to sue letter, his Title VII action was untimely. Id.

Ilaw argues that we should equitably toll the time for filing his Title VII claims because it was his attorney’s misconduct that caused him to miss the 90-day deadline. We disagree. Equitable tolling applies only where the claimant demonstrates that he pursued his rights diligently, and that extraordinary circumstances stood in his way. Irwin v. Dept. of Veterans Affairs, 498 U.S. 89, 96 , 111 S.Ct.…