Del Korth v. Supervalu, Inc.

ORDER

Troy Del Korth filed a complaint under the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12112 el seq., claiming that his employer, SuperValu, Inc., failed to accommodate his psychological disabilities. SuperValu filed a motion to dismiss, arguing that the complaint was untimely because it had not been filed within 90 days after Del Korth’s receipt of his right-to-sue letter from the United States Equal Opportunity Employment Commission (“EEOC”). See 42 U.S.C. § 2000e-5(f)(l). The district court dismissed Del Korth’s complaint as untimely, and Del Korth appeals. Because the…