Eleven days late was enough. This spring, the US Court of Appeals for the Sixth Circuit threw out a professor’s case of discrimination and retaliation because his lawsuit was filed eleven days after the 90-day period following an EEOC notice of right to sue. No judge ever considered whether he was discriminated against. The Sixth Circuit hears appeals from all federal courts in Kentucky, so this decision now sets the standards for workers there.
The Ruling: Doamekpor v. Central State University
In Doamekpor v. Central State University, which was decided on April 3, 2026, an associate professor alleged discrimination based on race, age, and disability after a negative performance evaluation, followed by a forced leave, exclusion from campus systems, and termination. He filed a complaint with the EEOC (Equal Employment Opportunity Commission). The EEOC issued him a right-to-sue notice on October 12, 2024, giving him until January 10, 2025 to file a lawsuit.
He filed on January 21, but did not pay the court’s filing fee until May.
The Sixth Circuit affirmed the dismissal on two grounds. First, the complaint was filed late. Second, and this was the part that caught people off guard, a case does not “commence” until the clerk receives the complaint and the filing fee has been paid or a fee waiver has been granted. Handing over the paperwork does not initiate a lawsuit.
Three Clocks Every Kentucky Worker Is Running
Kentucky has its own civil rights agency, the Kentucky Commission on Human Rights. Because of this, workers here get a longer window described on the EEOC’s time limits page rather than the shorter default federal time limit.
- 300 days from the discriminatory act to file a charge with the EEOC. Each separate act, such as a demotion or termination, starts its own time period.
- 90 days from receiving the right-to-sue notice to file in court. Courts often treat the notice as being received the day it appears on the EEOC’s website, whether or not you have opened it.
- No grace period once the fee has been missed. After Doamekpor, an unpaid fee results in an unfiled case.
Miss the first clock and the EEOC will dismiss your complaint. Miss the second or third clock and the employer will win without ever responding to the allegations.
Equitable Tolling Will Not Rescue You
The court acknowledged that the 90-day deadline could be extended in extraordinary situations. It then explained why it was not the case here. Not knowing the rules is not an excuse. A lawyer’s mistake is what the court calls garden-variety negligence, and that also does not qualify.
The Kentucky Alternative
Federal deadlines are not the only path. The Kentucky Civil Rights Act allows you to file directly in circuit court without an EEOC charge, and the limitation period for this route runs years, not months. The choice between state and federal courts affects the remedies, the forum, and whether you can still go to an agency altogether. Make it with counsel early, while every option is still open.
Do Not Let the Calendar Decide Your Case
Doamekpor was not lost on facts. It was lost on date and fee. Abney Law trial attorneys argued employment cases in Kentucky appellate courts and worked with the Kentucky legislature to strengthen protections for workers throughout the Commonwealth. If you receive a right-to-sue notice or believe discrimination is occurring at work right now, contact Abney Law before the deadline expires. We will calculate all deadlines from the correct date, file with the clerk and handle fees so that technicalities never end your case.