When employees face employment discrimination, sexual harassment, or wrongful termination, the law gives them the right to fight back. But before they can file a discrimination or wrongful firing lawsuit, there is an important first step: they must first go through something called “administrative exhaustion.”
So, what does that mean? Before suing an employer in court under federal employment law, an employee must first file a charge with Equal Employment Opportunity Commission (“EEOC”). This process is called “exhausting administrative remedies.” The EEOC then investigates the claim. It is important to recognize that the EEOC process is mostly an administrative dead end where the EEOC rarely, if ever, will take any action to prosecute a claim. This is the disappointing truth about filing with the EEOC.
When the EEOC is done, it usually issues a letter called a “right-to-sue” notice. This letter officially ends the EEOC process and let’s employees know they are now allowed to sue their employer in court. From the moment employees receive that letter, they typically have just 90 days to file a lawsuit.
But what happens if you miss an important email from the EEOC? The answer might surprise you. Thanks to a recent decision in Leika Joanna Garcia-Gesualdo v. Honeywell Aerospace of Puerto Rico, Inc., 2025 WL 1189659, employees have a stronger chance to pursue their claims even when technology gets in the way. The United States Court of Appeals for the First Circuit reversed a dismissal where an employee could not access her EEOC notice because of portal errors. This gives hope to employees fighting employment discrimination.
Before getting caught in a technical nightmare with the EEOC portal, Leika Joanna Garcia-Gesualdo experienced troubling treatment at Honeywell. Shortly after starting her job, she alleged that a white male Procurement Manager asked her to fire a Puerto Rican employee because he did not like how she spoke English. Garcia-Gesualdo reported this national origin discrimination request, but rather than fixing the situation, Human Resources allegedly retaliated against her by refusing support and becoming hostile. Such retaliation is unlawful under Title VII of the Civil Rights Act of 1964.
Later, while working under a Senior Sourcing Director, Garcia-Gesualdo alleged that her supervisor made racially charged comments about a Black employee, calling him “monkey” and joking about bringing him “a basket of bananas.” Despite Garcia-Gesualdo’s efforts to report these race/color discrimination incidents to Human Resources and Honeywell’s Integrity Help Line, she claimed that no action was taken. She also alleged that after making these complaints, Honeywell failed to offer her the internal positions she applied for, which would also be retaliation for making protected complaints about race and national origin discrimination.
These experiences illustrate the very real harm that nation origin and race discrimination as well as retaliation can cause in the workplace, and why legal protection to protect employees is critical.
Best Race Discrimination Lawyer Blogs on Point:
- What Is Considered A Racially Hostile Work Environment?
- Racial Discrimination: Defendant Who Argued That The Term “N*gg*r” and “Monkey” Not “Slurs But, Rather, As Terms Of Endearment” Shockingly Loses, Pays Large Sum Of Money.
- No, Judge, The “N-Word” Is Not – And Never Will Be -A Term Of Endearment
- Employer Liable For Boss’s 6-Year-Old Kid Calling Worker N-Word
What Happens If My Employer Is Accused of Discrimination, But I Could Not Open the EEOC Portal?
Sometimes, reality feels like a bad sitcom: you try to open an important document, but all you get is “Error 404.” That is exactly what happened to Garcia-Gesualdo. After being fired by her employer, she filed an employment discrimination and retaliation complaint with the EEOC. The EEOC posted a “right-to-sue” letter to its online portal and sent her lawyer a standard “Document Added” email on March 29, 2022.
Here is the problem: when Garcia-Gesualdo’s attorney tried to access the portal, it crashed. He emailed the EEOC repeatedly, asking for help. Finally, on April 11, 2022, he received a PDF of the letter.
Honeywell argued that Garcia-Gesualdo should have magically known the content of the broken link and filed within 90 days of the March 29 email. The district court agreed. But the United States Court of Appeals for the First Circuit reversed, holding that “the only question before us is whether the March 29 email, indicating that a new document was available, or the April 6 email, indicating that an important document regarding a decision from the EEOC was available, provided sufficient information to constitute notice of Garcia-Gesualdo’s right to sue” Garcia-Gesualdo v. Honeywell Aerospace of Puerto Rico, Inc., 2025 WL 1189659 at *5.
The Court held that just sending a “new document added” email without explaining what it was “does not provide the claimant with notice sufficient to trigger the ninety-day filing deadline.” Id. at *6. The ruling protects employees who face tech glitches beyond their control.
Best EEOC Attorney Blogs on Point:
- Can You Sue Your Boss (Or Their Lawyer) For Lies Told To EEOC Or In Court?
- EEOC: Another Reason Why Not To Go It Alone
- Miss EEOC Deadlines, Lose Your Claims
- What Is The EEOC Process Really Like?
How Long Do I Have to Sue for Wrongful Termination If There Was a Problem Accessing My Right-to-Sue Letter?
If your employer engaged in discrimination (based on race, gender, national origin, age, disability, or other protected class), retaliation or wrongful termination, you generally have 90 days after receiving a right-to-sue letter from the EEOC to file your lawsuit. But what counts as “receiving”? The Garcia-Gesualdo case makes clear that “receipt” means when you actually have access to the document, not when the EEOC sends a vague “something happened” email.
The First Circuit held that “there is a limit to the applicability of case law that likens traditionally mailed notices to situations where notices are emailed, especially where, like here, the right-to-sue letter is not attached to the email” Garcia-Gesualdo, 2025 WL 1189659 at *5.
So, if you have technical difficulties, your clock might not start ticking until you actually get the letter. That is good news for employees dealing with broken portals and bureaucratic slowdowns.
Best Wrongful Termination and Retaliation Law Firm Blogs on Point:
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- How Do I Write A Good EEOC Complaint? Get Help
- Why You Need A Lawyer Before Filing With The EEOC
What Should I Do If I Suspect My Employer Discriminated Against Me But I Am Not Sure About the Timeline to Sue?
If you think you are a victim of employment discrimination like disability discrimination, race discrimination, sexual orientation discrimination, gender identity discrimination, or retaliation, timing matters. But do not panic if you think you missed something. As Garcia-Gesualdo shows, courts are willing to consider real-world problems like system errors. That said, an attorney faced with these issues should have avoided the problem altogether by acting promptly. Waiting until right before the deadline to file the complaint creates unnecessary risk, and employees deserve proactive legal action to protect their rights. Garcia-Gesualdo’s situation is a perfect example of why it is crucial to choose quality lawyers who are fully dedicated to employee rights. A dedicated attorney who is focused on fighting for employees would never allow a client’s rights to dangle by a thread at the last minute. Choosing a proactive, experienced employment lawyer can make the difference between having a strong case for race or national origin discrimination and losing it on a technicality.
If you suspect problems at work, document everything. Save every email. Take screenshots of error messages. Keep notes about when you tried to access your EEOC portal. Then, call a lawyer quickly. Having the best attorney fighting for you can make all the difference.
Remember, the law protects employees from not just overt acts of discrimination but also from procedural traps set by faulty technology.
Employee searches for help might look something like: “Who is the best lawyer near me for wrongful termination discrimination?” To us, the answer is clear: Spitz, The Employee’s Law Firm. Here is why. We are one of the largest law firms in the country dedicated solely to protecting employee rights. That means more resources, more trial experience, and more muscle to take on even the biggest employers. We offer free initial consultations and a no-fee guarantee: you do not pay unless we win. Our attorneys are battle-tested in courtrooms and empathetic at the negotiation table. We are proud of our long history of getting great results for wronged workers. If you are facing discrimination, harassment, or believe you were wrongfully fired, you deserve the best. Call us today to protect your rights and your future.
Employment Lawyer Disclaimer
This employee’s right blog provides general information about employment law, wrongful termination, and discrimination rights and should not be taken as legal advice. Every employee’s situation is unique, and readers should consult with a qualified employment lawyer or attorney for advice specific to their situation. No promises are being made about outcomes. This blog is a legal advertisement designed to inform employees about their rights under the law regarding discrimination, wrongful termination, employment discrimination, race discrimination, disability discrimination, and related claims. Always seek personalized legal advice from the best lawyer you can find to protect your future.