Christine M. Arnold v. Ameren Illinois Company

East St. Louis, Illinois, civil rights lawyer represented the Plaintiff.



In 2018, Arnold filed a charge with the Illinois

Department of Human Rights and the Equal Employment Opportunity Commission

alleging that her employer, Ameren Illinois Company, discriminated against her. A year

later, the IDHR dismissed the charge for lack of substantial evidence. The IDHR's notice

of dismissal advised Arnold that she could challenge the decision by sending a written

request to the EEOC within 15 days, and she did so.



Arnold moved into a new home in Belleville, Illinois, in January 2022 and

updated her address with the United States Postal Service. She left several unanswered

messages with the EEOC about the status of her request that, by then, had been pending

for over two years. When the EEOC did not respond, Arnold assumed that her case had

been closed. She did not notify the EEOC of her new address.



On September 26, 2022, the EEOC issued and mailed a right-to-sue letter to

Arnold's former address. But not until October 20, 2022, did she receive the letter,

which had been forwarded to her based on her change-of-address instructions to the

U.S. Postal Service. The letter stated that if she wanted to file a lawsuit, she needed to

do so within 90 days of receipt, which "generally occurs on the date that you (or your

representative) view this document.” The letter also advised that she keep a record of

the date she received it.



After receiving the letter, Arnold took steps to file her suit. She tried to retain

counsel but was unsuccessful. She twice called the EEOC about the filing deadline but

did not receive any response. On December 13, 2022, she emailed the named EEOC

representative and explained that she (1) no longer lived at the address where the notice

was sent, (2) did not receive the letter until October 20, 2022, and (3) needed help

figuring out the filing deadline. She also asked for a 30-day extension and a referral to

an attorney. Two weeks later, Arnold still had not received any response, so she went to

the EEOC's office in St. Louis, Missouri, and explained that the letter was sent to the

wrong address. A receptionist told Arnold she should calculate the filing deadline from

the date she received the letter.



On January 3, 2023, Arnold filed this suit under Title VII of the Civil Rights Act

of 1964, 42 U.S.C § 2000e-2. This filing date was 99 days after the right-to-sue letter was

issued. Ameren raised the statute of limitations as an affirmative defense and moved for

summary judgment. Ameren also argued that the filing deadline should not be tolled

because Arnold did not diligently pursue her claims.

N

Summary judgment in favor of the Defendant granted.



Affirmed