Maggio v. Wisconsin Avenue Psychiatric Center, Inc.

Today the court holds that whenever a complainant fails to update his address with the Equal Employment Opportunity Commission (“EEOC”) and therefore fails to receive a mailed right-to-sue notice, the complainant is not entitled to equitable tolling regardless of what other measures the complainant took to ensure receipt of the notice. This is not the law. A complainant, like Matthew Maggio, is entitled to equitable tolling if the record “shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.”…