You can cook pasta, watch an epic sitcom scene, or jam out to “Free Bird” or “Purple Rain” in about 8 minutes. You can even listen to Don McLean’s “American Pie” before things go off the rails. And in 8 minutes, you can also change your future — for better or for worse. In LaTonya Jackson’s case, missing her lawsuit filing deadline by just 8 minutes meant losing her right to have her employment discrimination case heard at all.
LaTonya Jackson worked for Hennepin Healthcare System for over two decades before she says she was pushed out due to race/color discrimination, age discrimination, and disability discrimination. She filed a charge with the Equal Employment Opportunity Commission (“EEOC”) and, after receiving a Right to Sue letter, had exactly 90 days to file a lawsuit. Jackson’s attorney began filing the case on August 3, 2023 — the last day of the deadline — but the employment discrimination complaint was not actually filed until 12:08 a.m. on August 4, 2023. Eight minutes and one second late.
Hennepin Healthcare seized on that mistake. They moved to dismiss the wrongful termination lawsuit as untimely. The United States District Court for the District of Minnesota agreed, and the United States Court of Appeals for the Eighth Circuit affirmed. They never got to the merits of the discrimination and wrongful termination charges.
Why Are Deadlines So Strict For Filing Employment Discrimination Lawsuits?
Under federal employment laws like Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (“ADA”), and Age Discrimination in Employment Act of 1967 (“ADEA”), employees must file a lawsuit within 90 days of receiving a Right to Sue letter from the EEOC. That’s not a suggestion. It’s a hard deadline.
These statutes cover different types of workplace discrimination:
- Title VII covers discrimination based on race, color, religion, gender, gender identity , sexual orientation, and national origin.
- ADA covers discrimination based on disabilities, including both physical and mental impairments.
- ADEA covers discrimination based on age, specifically protecting employees who are 40 years old or older.
Employment retaliation claims are also governed by these same strict deadlines, as retaliation for engaging in protected activities (like complaining about discrimination) is prohibited under these statutes.
Missing the deadline—even by a matter of minutes—feeds the perception that the case was rushed and handled without adequate care. Filing a lawsuit is one of the most important moments in an employment discrimination case. If that critical step is botched, it raises serious concerns about the overall strategy, preparation, and commitment to the client’s rights.
In Jackson’s case, the United States District Court for the District of Minnesota emphasized that “filing deadlines are strictly construed,” and even “missing the deadline by one day—or, in this case, by minutes—means the lawsuit must be dismissed.”
The United States District Court for the District of Minnesota carefully explained that opening a case on the electronic docket is not the same as filing the lawsuit. Filing only occurs when the complaint itself is uploaded, the fee is paid, and the court’s system officially logs the submission. Simply starting the process before midnight didn’t save Jackson — her complaint was officially filed at 12:08 a.m. on August 4, 2023, making it untimely.
Best Race Discrimination Lawyer Blogs on Point:
- Avoid Missed Deadlines: Win Your Wrongful Termination Case
- Miss EEOC Deadlines, Lose Your Claims
- Title VII And EEOC Deadlines Are Strict And Confusing: Get Attorney Help
Can I Get Extra Time If There Was A Computer Error Or Other Problem Filing My Lawsuit?
Jackson argued that there was a “computer glitch” that delayed her filing. She asked the court to apply “equitable tolling” — a legal principle that sometimes allows courts to excuse a missed deadline if extraordinary circumstances prevented timely filing.
But the courts rejected this argument. As the United States Court of Appeals for the Eighth Circuit held: “Even assuming that a computer glitch delayed filing, Jackson assumed that risk by waiting until the last minute.”
The courts made clear that equitable tolling is reserved for rare situations — like if the court itself misled the plaintiff or if there was affirmative misconduct by the employer. Simply waiting until the last minute and encountering a filing hiccup doesn’t cut it.
As the district court put it, “Cases are legion that missing Title VII’s 90-day deadline by even a single day warrants dismissal.”
Procrastinate at your own risk.
Best Age Discrimination Attorney Blogs on Point:
- EEOC: Another Reason Why Not To Go It Alone
- What Is The EEOC Process Really Like?
- How Do I Write A Good EEOC Complaint? Get Help
What Else Went Wrong In Jackson’s Employment Discrimination Case?
Even if Jackson had filed on time, her complaint would still have been in trouble. The United States District Court for the District of Minnesota ruled that Jackson’s claims weren’t pled with enough detail. The complaint mentioned “inappropriate comments” about her hair and “threats” from her supervisor, but didn’t say when these things happened, what exactly was said, or how they tied to her race, age, or disability.
This type of sparse pleading suggested a lack of preparation and added to the perception of sloppy and rushed lawyering. It reinforced the idea that the filing was rushed at the last minute without enough care, thought, or strategic planning to build a strong and detailed case.
On top of that, Jackson’s complaint revealed other avoidable mistakes. Some of her key claims — including those based on her termination — were never presented to the EEOC in her administrative charge. The United States District Court for the District of Minnesota ruled that Jackson’s termination was a “discrete act” and not part of a “continuing violation,” meaning she needed to file a new EEOC charge specifically addressing her termination. Because she didn’t, those claims were barred.
This added to the overall impression of sloppiness. Failure to properly exhaust administrative remedies is a basic, fundamental requirement in employment law. It suggested that the legal team did not carefully think through strategy, compliance, or risk, and instead took a haphazard approach that ultimately doomed the entire case. Maybe these lawyers were not full time employment attorneys.
Best Wrongful Termination Law Firm Blogs on Point:
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- What Is Administrative Exhaustion, and Why It Matters in Employment Cases?
- The Disappointing Truth About Filing With the EEOC
What Should Do When I Get A Right To Sue Letter?
Timing is everything. When you get a Right to Sue letter:
- Mark your calendar immediately. Count 90 days exactly. And then mark your calendar to file when before that.
- Don’t wait until the last minute to file your lawsuit. Give yourself a cushion.
- Hire an employment discrimination lawyer who understands strict filing deadlines for retaliation, race discrimination, age discrimination, and disability discrimination cases.
- Know that technical issues are not an excuse. Courts expect employees and their lawyers to plan for glitches, errors, and emergencies.
This case is a stark reminder that technical mistakes — even tiny ones — can kill a strong employment discrimination case. It’s not just about whether discrimination happened. It’s about whether the lawyer you hire knows how to get your case into court in the first place.
At Spitz, The Employee’s Law Firm, we focus exclusively on representing employees. We know the deadlines, the procedures, and the traps employers use to defeat cases before they even start. When your career, your reputation, and your future are on the line, you deserve a legal team that treats your case like it matters — because it does.
We offer free consultations, and you pay no fees unless we win. If you think you’ve been discriminated against, harassed, or wrongfully terminated, don’t wait. Call Spitz today.
Employment Lawyer Disclaimer
This employment law blog is for informational purposes only and does not constitute legal advice. Every workplace situation is different. To get advice specific to your situation, you should speak directly with a qualified employment discrimination lawyer. Topics in this post include missing the 90-day EEOC filing deadline, filing employment discrimination and retaliation lawsuits under Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), equitable tolling for missed filing deadlines, wrongful termination, workplace retaliation, race discrimination, age discrimination, disability discrimination, employment rights after discrimination, and protecting your employee rights. This blog is a legal advertisement by Spitz, The Employee’s Law Firm.