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Please retain this notice for your records.

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Enclosure with EEOC Notice of Closure and Rights (01/22)

INFORMATION RELATED TO FILING SUIT

UNDER THE LAWS ENFORCED BY THE EEOC

(This information relates to filing suit in Federal or State court under Federal law. If you also 

plan to sue claiming violations of State law, please be aware that time limits may be shorter and 

other provisions of State law may be different than those described below.) 

IMPORTANT TIME LIMITS – 90 DAYS TO FILE A LAWSUIT

If you choose to file a lawsuit against the respondent(s) named in the charge of discrimination, 

you must file a complaint in court within 90 days of the date you receive this Notice. Receipt 

generally means the date when you (or your representative) opened this email or mail. You should 

keep a record of the date you received this notice. Once this 90-day period has passed, your 

right to sue based on the charge referred to in this Notice will be lost. If you intend to consult an 

attorney, you should do so promptly. Give your attorney a copy of this Notice, and the record of 

your receiving it (email or envelope).

If your lawsuit includes a claim under the Equal Pay Act (EPA), you must file your complaint 

in court within 2 years (3 years for willful violations) of the date you did not receive equal pay. 

This time limit for filing an EPA lawsuit is separate from the 90-day filing period under Title 

VII, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under 

Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA claim, your lawsuit 

must be filed within 90 days of this Notice and within the 2- or 3-year EPA period.

Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. 

Whether you file in Federal or State court is a matter for you to decide after talking to your 

attorney. You must file a "complaint" that contains a short statement of the facts of your case 

which shows that you are entitled to relief. Filing this Notice is not enough. For more information 

about filing a lawsuit, go to https://www.eeoc.gov/employees/lawsuit.cfm. 

ATTORNEY REPRESENTATION

For information about locating an attorney to represent you, go to: 

https://www.eeoc.gov/employees/lawsuit.cfm. 

In very limited circumstances, a U.S. District Court may appoint an attorney to represent individuals 

who demonstrate that they are financially unable to afford an attorney.

HOW TO REQUEST YOUR CHARGE FILE AND 90-DAY TIME LIMIT FOR REQUESTS

There are two ways to request a charge file: 1) a FOIA Request or 2) a Section 83 request. You may 

request your charge file under either or both procedures. EEOC can generally respond to Section 83 

requests more promptly than FOIA requests.

Since a lawsuit must be filed within 90 days of this notice, please submit your request for the charge 

file promptly to allow sufficient time for EEOC to respond and for your review. Submit a signed 

written request stating it is a “FOIA Request” or a “Section 83 Request” for Charge Number 520-

2022-05782 to the District Director at Timothy Riera, 33 Whitehall St 5th Floor 

New York, NY 10004. 

You can also make a FOIA request online at https://eeoc.arkcase.com/foia/portal/login. 

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Enclosure with EEOC Notice of Closure and Rights (01/22)

You may request the charge file up to 90 days after receiving this Notice of Right to Sue. After the 

90 days have passed, you may request the charge file only if you have filed a lawsuit in court and 

provide a copy of the court complaint to EEOC. 

For more information on submitting FOIA Requests and Section 83 Requests, go to:

https://www.eeoc.gov/eeoc/foia/index.cfm. 

NOTICE OF RIGHTS UNDER THE ADA AMENDMENTS ACT OF 2008 (ADAAA)

The ADA was amended, effective January 1, 2009, to broaden the definitions of disability to make 

it easier for individuals to be covered under the ADA/ADAAA. A disability is still defined as (1) 

a physical or mental impairment that substantially limits one or more major life activities (actual 

disability); (2) a record of a substantially limiting impairment; or (3) being regarded as having a 

disability. However, these terms are redefined, and it is easier to be covered under the new law.

If you plan to retain an attorney to assist you with your ADA claim, we recommend that you share 

this information with your attorney and suggest that he or she consult the amended regulations and 

appendix, and other ADA related publications, available at: 

http://www.eeoc.gov/laws/types/disability regulations.cfm. 

“Actual” disability or a “record of” a disability

If you are pursuing a failure to accommodate claim you must meet the standards for either “actual” 

or “record of” a disability:

 The limitations from the impairment no longer must be severe or significant for the 

impairment to be considered substantially limiting. 

 In addition to activities such as performing manual tasks, walking, seeing, hearing, 

speaking, breathing, learning, thinking, concentrating, reading, bending, and 

communicating (more examples at 29 C.F.R. § 1630.2(i)), “major life activities” now 

include the operation of major bodily functions, such as: functions of the immune 

system, special sense organs and skin; normal cell growth; and digestive, genitourinary, 

bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, 

hemic, lymphatic, musculoskeletal, and reproductive functions; or the operation of an 

individual organ within a body system.

 Only one major life activity need be substantially limited.

 Except for ordinary eyeglasses or contact lenses, the beneficial effects of “mitigating 

measures” (e.g., hearing aid, prosthesis, medication, therapy, behavioral modifications) 

are not considered in determining if the impairment substantially limits a major life 

activity.

 An impairment that is “episodic” (e.g., epilepsy, depression, multiple sclerosis) or “in 

remission” (e.g., cancer) is a disability if it would be substantially limiting when active. 

 An impairment may be substantially limiting even though it lasts or is expected to last 

fewer than six months. 

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Enclosure with EEOC Notice of Closure and Rights (01/22)

“Regarded as” coverage

An individual can meet the definition of disability if an employment action was taken because 

of an actual or perceived impairment (e.g., refusal to hire, demotion, placement on involuntary 

leave, termination, exclusion for failure to meet a qualification standard, harassment, or denial of 

any other term, condition, or privilege of employment).

 “Regarded as” coverage under the ADAAA no longer requires that an impairment be 

substantially limiting, or that the employer perceives the impairment to be substantially 

limiting.

 The employer has a defense against a “regarded as” claim only when the impairment at 

issue is objectively both transitory (lasting or expected to last six months or less) and

minor.

 A person is not able to bring a failure to accommodate claim if the individual is covered 

only under the “regarded as” definition of “disability”. 

Note: Although the amended ADA states that the definition of disability “shall be construed 

broadly” and “should not demand extensive analysis,” some courts require specificity in the 

complaint explaining how an impairment substantially limits a major life activity or what facts 

indicate the challenged employment action was because of the impairment. Beyond the initial 

pleading stage, some courts will require specific evidence to establish disability. For 

moreinformation, consult the amended regulations and appendix, as well as explanatory 

publications, available at http://www.eeoc.gov/laws/types/disability regulations.cfm. 

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