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RODRIGUEZ v. WET INK, LLC

No. 08-1313.

603 F.3d 810 (2010)

Patricia RODRIGUEZ, Plaintiff-Appellant, v. WET INK, LLC, doing business as Alphagraphics, also known as Wet Ink Corporation, Defendant-Appellee. Equal Employment Opportunity Commission, and National Employment Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 26, 2010.

Attorney(s) appearing for the Case

Susan R. Hahn, Law Office of Susan R. Hahn, LLC, Littleton, CO, for Appellant.

Joanne P. Underhill (Colin E. Moriarty with her on the brief), Underhill & Underhill, P.C., Greenwood Village, CO, for Appellee.

James M. Tucker, (John F. Suhre, Attorney, Vincent J. Blackwood, Acting Associate General Counsel, and James L. Lee, Deputy General Counsel, with him on the brief) Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission, and Barry D. Roseman, McNamara, Roseman, Martinez & Kazmierski, LLP, Denver, CO, with Stefano G. Moscato, National Employment Lawyers Association, San Francisco, CA, on the brief for Amicus Curiae National Employment Lawyers Association.

Before BRISCOE, TYMKOVICH, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

Patricia Rodriguez appeals the district court's dismissal of her federal employment discrimination suit against her former employer, Wet Ink, LLC. The district court held Rodriguez's suit was time barred because she filed it more than 90 days after she received a notice of right to sue from the Colorado Civil Rights Division. We conclude the state agency's notice in this case does not trigger the 90-day limitation period for purposes of filing...

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