Free Complaint - District Court of Delaware - Delaware

__ _ Case 1 :05—cv—00789-KAJ Document 1-3 Filed 1 1/15/2005 Page 1 of 2
?EriEiE§§$;`§Ii.¤ nlm U.S. EQUAL Ei HTPLOYMENT Orronrtimrv Commission
A - i P { - v it 0
NOTICE OF RIGHT TO SUE (ISSUED ON REQUEST) J I Q U
To:Colleen Haywood From; Equal Employment Opportunity Commission
198 Mansion House Drive Philadelphia District Office
West Chester, PA 19382 21 South Filth Street
Philadelphia, PA l9106-2515
On behalf of person(s) aggrieved whore identity is
[ I CONFIDENTIA.L (29 CFR § I60l.7(n))
Charge No. EEOC Representative c Telephone No.
1 7C-2003 -00468 Legal Unit (215) 440-2819
(See :1l's0 the additional infomation attached to thtlrform.)
NOTICE TO THE PERSON AGGRIEVED:
Title VII of the Civil Rights Act of 1964 and./or the Americans with Disabilities Act (ADA): This is your Notice of Right to Sue, issued
under Title VII and/or the ADA based on the above—numbered charge. It has been issued at your request. Your lawsuit under Title VH
or the ADA must be filed in federal or state court VVI'I`HIN 90 DAYS of your receipt of this Notice. Otherwise, your ight to sue
based on this charge will he lost. (The time limit for filing suit based on a state claim may be different.)
[ X ] More than 180 days have passed since the tiling of this charge.
[ ] Less than 180 days have passed since the tiling of this charge, but I have determined that it is unlikely that the EEOC
will be able to complete its administrative processing within 180 days from the filing of the charge.
[ X ] The EEOC is terminating its processing of this charge.
[ ] The EEOC will continue to process this charge.
Age Discrimination in Employment Act (ADEA): You may sue under the ADEA at any time from 60 days after the charge was tiled
P 90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below
applies to your case:
[ ] The EEOC is closing your case. Therefore, your lawsuit under the ADEA must be tiled in federal or state court
WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge
will be lost. `
[ ] The EEOC is continuing its handling of your ADEA case. However, if 60 days have passed since the filing of
your charge, you may file suit in federal or state court under the ADEA at this time.
Equal Pay Act (EPA): You already have the right to sue under the EPA (tiling an EEOC charge is not required.) EPA suits must be
brought in federal or state court within 2 years (3 years for willful violations) ofthe alleged EPA underpayment. This means that
backpay du for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible.
If you file suit based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission
( 54,,;,, - /»#i»tc;s<;>/ Q he ic: _
Enclosure(s) Marie M. Tomasso, District Director l (DMS M¤i·'¢¢D
cc; ING Direct
Sheldon N. Sandler, Esquire (For Respondent)
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Case 1:05—cv—00789-KAJ Document 1-3 Filed 11/15/2005 Page 2 of 2
Q INFORMATlON RELATED TO FILING SUIT
UNDER run LAws Enroncno BY run EEOC
. (This information relates to filing suit in Federal or State court under Federal law.
if you also plan to sue claiming violations of State law, please be aware that time limits and other
provisions of State law may be shorter or more limited than those described below.)
__ Title VII of the Civilkights Act, the Americans with Disabilities Act (ADA),
PRIVATE SUIT RIGHTS or the Age Discrimination in Employment Act (ADEA):
In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-day
period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to consult
an attomey, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tell him
or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely manner,
it is prudent that your suit be tiled within 90 days of the date this Notice was mailed to you (as indicated where the
Notice is signed) or the date of the postmark, if later.
Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate
State court is the general civil trial court) Whether you iile in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must file a "compiaint" that contains a short
statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter
alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in
the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some cases
can be brought where relevant employment records are kept, where the employment would have been, or where the
respondent has its main office. If you have simple questions, you usually can get answers from the office of the
clerk of the court where you are bringing suit, but do not expect that office to write your complaint or make legal
strategy decisions for you.
is PRIVATE Surr Rrcnrs - Equal Pay Act (EPA):
EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment:
backpay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible.
For example, if you were underpaicl under the EPA for work performed from 7/ 1/96 to 12/l/96, you should tile suit
before 7/ l/98 -— not 12/ 1/98 —- in order to recover unpaid wages due for July 1996. This time limit for filing an EPA
suit is separate from the 90-day tiling period under Title VH, the ADA or the ADEA referred to above. Therefore,
if you also plan to sue under Title V1], the ADA or the ADEA, in addition to suing on the EPA claim, suit must be
tiled within 90 days of this Notice arg within the 2- or 3—year EPA backpay recovery period.
Arronnnv Rsrunssnrarron - Title VII and the ADA:
If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having
jurisdiction in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such
assistance must be made to the U.S. District Court in the form and manner it requires (you should be prepared to
explain in detail your efforts to retain an attorney). Requests should be made well before the end of the 90-day
period mentioned above, because such requests do pg relieve you of the requirement to bring suit within 90 days.
Arrouvsv Rcrsnruu. Ann EEOC ASSISTANCE — All Statutes:
You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have
any questions about your legal rights, including advice on which U.S. District Court can hear your case. lf you need
to inspect or obtain a copy of information in EEOC‘s file on the charge, please request it promptly in writing and
provide your charge number (as shown on your Notice). While EEOC destroys charge tiles afier a certain time, all
charge files are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to
review the charge file, please make your review request within 6 months of this Notice. (Before filing suit, any
request should be made within the next 90 days.)
IF You FILE Surr, Praise Salvo A Corr or Yoon Comer Coirrrrfirrvr ro Tms Orrrce.