01-1700 Newbold v. Wisconsin State Public Defender

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“The problem for Newbold is that she was not misled about EEOC deadlines; rather, she was given correct information about the WPC’s deadlines. Although Newbold provides ample documentation that she was told that a retaliation claim under the Wisconsin Fair Employment Act had to be filed within 300 days, nothing that she cites discusses time limitations for actions under Title VII. Furthermore, Newbold does not mention, and the record does not indicate, any attempt on her part to ascertain the federal deadlines and procedures for filing an EEOC claim until December 18, 1996. Notably, one of the forms in the WPC packet that Newbold received said: ‘Federal anti-discrimination and equal opportunity laws differ from state laws. Procedures used by the federal government in processing complaints are also different. If more information concerning federal laws or complaint procedures is desired, contact the Equal Employment Opportunity Commission, 310 West Wisconsin Avenue, Suite 800, Milwaukee, WI 53203-2211, or telephone (414) 297-1111.’

“Newbold received this cautionary note on Dec. 27, 1995. Had she heeded this note and contacted the EEOC, she would have discovered that she still had 35 days to timely file a retaliation charge based on her termination. This is not a case where the EEOC misled a claimant or where a state agency authoritatively addressed potential EEOC deadlines. Newbold did not exercise the requisite amount of due diligence that would entitle her to equitable tolling, and the district court did not err in finding the doctrine of equitable tolling inapplicable.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Evans, J.