Bryant v. Dan River, Inc.

ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on defendant’s motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). 1 Defendant argues that plaintiffs Title VII suit must be dismissed for failing to exhaust her administrative remedies prior to filing suit in this court. Defendant’s argument is based on the fact that the EEOC issued a right-to-sue letter to the plaintiff fourteen days after she filed a charge with the EEOC. Defendant contends that 42 U.S.C. § 2000e-5 mandates that the EEOC wait 180 days before issuing the right-to-sue letter; thus,…