Missouri City, TX asked in Employment Law, Civil Rights and Constitutional Law for Texas

Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of.

There is an argument that is not well-settled in law the the residual federal four-year statute applies to ADAA claims, instead of the two-year statute.

Be aware that certain tolling rules may also apply under the facts and circumstances of your particular case.

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