Legal Definitions - Right to sue letter

A Right to Sue Letter is an official document issued by a government administrative agency, such as the Equal Employment Opportunity Commission (EEOC) at the federal level or a state's equivalent fair employment practice agency. This letter formally grants an individual or entity permission to file a lawsuit against another party in court. It typically specifies a deadline by which the lawsuit must be initiated.

Obtaining a Right to Sue Letter is often a mandatory step before a person can proceed with certain types of legal action, particularly in areas like employment discrimination or housing discrimination. It signifies that the individual has exhausted the administrative complaint process with the agency, and the agency is either not pursuing the case itself or has been unable to resolve the dispute.

Here are some examples illustrating how a Right to Sue Letter functions:

• Example 1: Federal Employment Discrimination

  Imagine an employee believes they were unfairly terminated from their job due to their age, which is a protected characteristic under federal law. They first file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigates the claim, but after a period, they either find no reasonable cause to believe discrimination occurred or are unable to reach a voluntary settlement between the employee and the employer. At this point, the EEOC will issue a Right to Sue Letter to the employee. This letter formally notifies the employee that they have exhausted their administrative remedies with the EEOC and now have a specific timeframe (usually 90 days) to file a lawsuit in federal court against their former employer for age discrimination. Without this letter, a federal court would likely dismiss their case for failing to follow the proper legal process.

• Example 2: State Housing Discrimination

  Consider a prospective tenant who believes they were denied an apartment rental because of their national origin, violating state fair housing laws. They file a complaint with their state's Department of Fair Employment and Housing (DFEH). The DFEH conducts an investigation into the alleged discrimination. If the agency decides not to pursue the case on behalf of the tenant or cannot facilitate a resolution between the parties, it will issue a Right to Sue Letter. This letter authorizes the tenant to file a lawsuit in state court against the landlord within a specified period (often one year from the date of the letter) to seek remedies for the alleged housing discrimination.