Frank Rembisz v. Jacob Lew

DOW, District Judge.

A federal employee asserting a discrimination claim must file a complaint within 90 days of receipt of the final agency decision. 42 U.S.C. § 2000e-16(c). Plaintiff-Appellant Frank Rembisz, a criminal investigator with the Internal Revenue Service, maintains that his designated attorney filed a complaint within 90 days of the date of receipt of the final agency decision, even though the complaint was not filed until 98 days after issuance of the decision. Defendant-Appellee Jacob Lew, the Secretary of the Department of Treasury, moved to dismiss, asserting that the…