By: Derek Hawkins//March 14, 2022//
7th Circuit Court of Appeals
Case Name: Brian Lax v. Alejandro Mayorkas, Secretary of U.S. Department of Homeland Security
Case No.: 20-3288
Officials: SYKES, Chief Judge, and FLAUM and JACKSONAKIWUMI, Circuit Judges.
Focus: ADA and Rehabilitation Act Violation – Equitable Tolling
Plaintiff-appellant Brian Lax brought suit against defendant-appellee Secretary of the Department of Homeland Security, alleging that the agency, his employer, had discriminated against him in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et. seq. (the “Act”). The Act requires that suits be brought within ninety days of receiving the final agency decision and notice of the right to sue. Because Lax filed his suit on the ninety-first day after receiving this notice, we affirm the district court’s dismissal on timeliness grounds.
Affirmed