Right to Sue expires 90 days after EEOC emails notice

An individual’s right to sue for discrimination under Title VII of the Civil Rights Act expires 90 days after the Equal Employment Opportunity Commission emails its Right to Sue letter to the complainant, not 90 days after the complainant reads the notice, a federal District Court in Tennessee has held.  It has dismissed a series of claims by a nonprofit employee who filed her complaint in court on the 90th day after she read the notice, which was the 91st day after it was emailed.

Penn State Trustee Is Employee Not Protected from Retaliation

Court says trustee may be removed from office after seeking information to fulfill fiduciary duty

A federal District Court in Pennsylvania has ruled that an alumni trustee on the Board of Pennsylvania State University is a “public employee” who can be removed from office by the Board and not a “public official” who cannot be retaliated against for exercising his free speech rights under the Constitution.  It has dismissed former trustee Barry J. Fenchak’s claim that he was “deliberately retaliated against” for his “exercise of speech.”

Bank not liable for phishing fraud at charity

A charity that lost $2 million when a “fraud prevention officer” was able to take over its computer system and authorize 14 wire transfers in 33 minutes has lost its claim against the bank that made the transfers.  A federal District Court in Michigan has ruled that the bank did not violate any of its agreements with the charity.

Certificate of incorporation controls over bylaws

When Sri Shirdi Sai Baba Temple of Austin (TX) was incorporated as a nonprofit religious institution in 2007, its certificate of formation vested management of the Temple in its board of directors and provided that it would have no members.  Its bylaws provided that corporate management was vested in its board, which would select new directors by vote of the board.