Rembisz v. Lew, No. 15-2279 (6th Cir. 2016)
Annotate this CaseRembisz, an IRS investigator, did not obtain sought-after promotions. He filed an administrative charge of discrimination, claiming ongoing discrimination against his sex (male) and race (Caucasian) or color (white). The Treasury Department investigated and rejected the claim. Federal employees must file a civil action for discrimination “[w]ithin 90 days of receipt of final action,” 42 U.S.C. 2000e-16(c). He filed suit on June 21, 2013, alleging that he received notice of the final agency decision on March 25, within the 90-day window. The Sixth Circuit rejected a motion to dismiss in 2014, stating that Rembisz would have to “come forward with evidence” to support his allegation concerning notice. On remand, he never did so. The Sixth Circuit affirmed summary judgment in favor of the government. It is presumed that notice is given, “and hence the ninety-day limitations term begins running, on the fifth day following the [] mailing of [a right-to-sue] notification to the claimant[].” The agency served its notification by first class and certified mail on March 15, making March 20 the presumptive date that the limitations period began. Rembisz offered no evidence to the contrary. The government submitted a certified-mail receipt, showing that Rembisz received the notice on March 22, so that his complaint was one day late.
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