A recent court decision, Morgan v. Federal Express Corporation, No. 2:24-CV-02844-BCL-TMP, 2026 WL 1987609 (W.D. Tenn. July 9, 2026), is instructive on the deadlines for pursuing a claim under federal discrimination law under statutes administered by the U.S. Equal Employment Opportunity Commission (EEOC).
From the decision:
Employment discrimination claims under Title VII, the ADEA, and the ADA are all subject to the limitations period in 42 U.S.C. § 2000e-5. Sharif-Mitchell v. Memphis Light, Gas & Water, No. 20-cv-2400, 2023 WL 2724240, at *3 (W.D. Tenn. Mar. 30, 2023) (citing Amini, 259 F.3d at 498 (Title VII and ADEA); Booth v. Nissan N. Am., Inc., 927 F.3d 387, 392 (6th Cir. 2019) (ADA)). Section 2000e-5 “provides that a charge of discrimination must be filed with the Equal Employment Opportunity Commission (EEOC) within 180 days of the occurrence of the allegedly unlawful employment practices.” Id. (citing 42 U.S.C. § 2000e-5(e)(1)). However, if “the charge of discrimination is also filed with ‘a State or local agency with authority to grant or seek relief from’ the unlawful employment practice, the employee has 300 days to file.” Id. (citing 42 U.S.C. § 2000e-5(e)(1)). After a Charge of Discrimination is filed, the EEOC generally issues a Right-to-Sue Letter. Id. (citing 42 U.S.C. § 2000e-5(f)(1)). The aggrieved employee then has ninety days from the day they receive the Right-to-Sue Letter to file suit. Id. (citing 42 U.S.C. § 2000e-5(f)(1)).
In her complaint, Morgan alleges that FedEx’s discriminatory conduct included the termination of her employment, failure to accommodate her disability, and retaliation. (ECF No. 2 at PageID 4.) She further claims that the alleged discriminatory conduct occurred on October 25, 2023, the date she was terminated from FedEx. (Id.) Neither her complaint nor her Charge of Discrimination allege that any discriminatory conduct occurred after this date. (See ECF Nos. 2 at PageID 4; 30-4 at PageID 156.) On the form she used to file her complaint, Morgan also checked a box stating that she believed FedEx is still committing discriminatory conduct against her, but she never explains or provides evidence as to any alleged continuing conduct. Therefore, the undersigned will regard October 25, 2023, as the very last day on which the alleged discriminatory conduct occurred.
Morgan filed her Charge of Discrimination with the EEOC and the Tennessee Human Rights Commission. (ECF Nos. 30-4 at PageID 156; 32 at PageID 174, 179.) She had 300 days from the date of her termination from FedEx—the alleged discriminatory action—to file her Charge of Discrimination with the EEOC. This requirement is separate and additional to the requirement that a complaint must be filed within ninety days of the issuance of a Right-to-Sue Letter. Here, although Morgan did file her suit within ninety days of when she received her Right-to-Sue Letter, she did not file her EEOC Charge of Discrimination within 300 days of her termination from her position at FedEx. Morgan was terminated on October 25, 2023. (ECF Nos. 30-2 at PageID 100; 32 at PageID 174.) Three hundred days after October 25, 2023, was August 20, 2024. Morgan did not file her Charge of Discrimination until September 11, 2024, 322 days after her termination. (ECF Nos. 30-2 at PageID 100; 32 at PageID 179.) In fact, Morgan admits in her response to FedEx’s Motion for Summary Judgment that “[s]he filed an EEOC Charge of Discrimination on September 11, 2024, more than 300 days after her termination on October 25, 2023.” (ECF No. 32 at PageID 179 (emphasis in original).)
(Cleaned up.)
The court concluded that because plaintiff’s Charge of Discrimination was filed with the EEOC more than 300 days after the alleged discriminatory conduct, it was not timely filed, and her complaint is time-barred and should be dismissed on this basis alone.