context: When the office administrator's corroborated statement is considered for its non-hearsay purpose, this case squarely falls into the third category in which we have found tolling appropriate because the EEOC misled Alvarado about when he had to file suit (assuming, as we have, that the first letter triggered the limitations period).
citation_a.signal: see also
citation_a.identifier: 120 F.3d 222, 227
citation_a.parenthetical: tolling statute of limitations when an EEOC investigator told plaintiff that incorrect statute of limitations applied
citation_a.sentence: See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s misleading plaintiff about his rights is potential basis for equitable tolling); Page v. U.S. Indus., Inc., 556 F.2d 346, 351 (5th Cir.1977) (finding that “equitable considerations” allowed plaintiff to pursue untimely action because EEOC letter indicating only that conciliation efforts had failed but not that EEOC had decided not to sue was “patently misleading”); see also Schlueter v. Anheuser-Busch, Inc., 132 F.3d 455, 458-59 (8th Cir.1998) (equitably tolling plaintiffs case when EEOC misled plaintiff into believing she had filed a charge but had mistakenly instructed her to fill out an intake questionnaire and also calculated the expiration of the 300-day filing period based on an incorrect date); Browning v. AT & T Paradyne, 120 F.3d 222, 227 (11th Cir.1997) (tolling statute of limitations when an EEOC investigator told plaintiff that incorrect statute of limitations applied).
citation_b.signal: see
citation_b.identifier: 332 F.3d 874, 881
citation_b.parenthetical: providing that EEOC's misleading plaintiff about his rights is potential basis for equitable tolling
citation_b.sentence: See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s misleading plaintiff about his rights is potential basis for equitable tolling); Page v. U.S. Indus., Inc., 556 F.2d 346, 351 (5th Cir.1977) (finding that “equitable considerations” allowed plaintiff to pursue untimely action because EEOC letter indicating only that conciliation efforts had failed but not that EEOC had decided not to sue was “patently misleading”); see also Schlueter v. Anheuser-Busch, Inc., 132 F.3d 455, 458-59 (8th Cir.1998) (equitably tolling plaintiffs case when EEOC misled plaintiff into believing she had filed a charge but had mistakenly instructed her to fill out an intake questionnaire and also calculated the expiration of the 300-day filing period based on an incorrect date); Browning v. AT & T Paradyne, 120 F.3d 222, 227 (11th Cir.1997) (tolling statute of limitations when an EEOC investigator told plaintiff that incorrect statute of limitations applied).