In this employment case, the narrow issue was whether the plaintiff received his Notice of Right to Sue Letter from the EEOC more than ninety days prior to suit, in which case his suit under the Americans with Disabilities Act and 2008 Americans with Disabilities Act Amendments would be barred. Slip op. at 1. In response to the defendant’s motion to dismiss for lack of jurisdiction (which was converted into a motion for summary judgment), Gordon submitted his affidavit and the affidavit of a neighbor to demonstrate that a mail mishap delayed his receipt of the EEOC’s Right to Sue Letter and he filed suit within the 90-day window. Id. at 3. The District Court determined this evidence created a fact issue and denied the motion. Id. at 3-4.
