Rowan v. Blue Origin Alabama, LLC

Summary

The United States District Court for the Northern District of Alabama grants Blue Origin Alabama, LLC’s motion for summary judgment in David Rowan’s ADEA age-discrimination action. The court holds that Rowan did not timely file suit after receiving adequate electronic notice that the EEOC had closed his charge and that his second EEOC charge did not toll or extend the filing period. The court therefore does not reach the merits of the discrimination claims.

Holdings

1. Adequate notice that the EEOC had closed the administrative proceeding can start the ADEA's 90-day filing period even before the claimant actually views the right-to-sue letter. Rowan had adequate notice no later than October 6, 2022, when the EEOC notified him that his closure notice was available for download.
2. Rowan's January 13, 2023 complaint was untimely because the 90-day period began no later than October 6, 2022 and expired on January 4, 2023.
3. Rowan's second EEOC charge did not toll or revive the 90-day filing period because the EEOC treated it as a duplicate and Rowan produced no notice of intent to reconsider that would vacate the original right-to-sue letter.

Questions Presented

1. Whether Rowan filed his ADEA lawsuit within 90 days after receiving adequate notice that the EEOC had dismissed or closed his charge.
2. Whether the EEOC's September 28 and October 6 email notifications and portal activity provided adequate notice to start the ADEA's 90-day filing period.
3. Whether Rowan's second EEOC charge tolled or otherwise revived the 90-day deadline for filing his federal lawsuit.
4. Whether summary judgment was appropriate where Rowan failed to establish timely filing.

Disposition

other