Chantel Mitchell v. Office Depot, Inc.

Whether, in applying equitable tolling to Title VII’s non-jurisdictional ninety-day filing deadline, lower courts must follow the Supreme Court’s ‘reasonable diligence’ and ‘extraordinary circumstance’ standard—under which a litigant need only show that circumstances beyond their control actually stood m their way and caused their late filing—as articulated in Holland v. Florida, 560 U.S. 631, 649, 650, 653 (2010) and Menominee Indian Tribe of Wisconsin v. United States, 577 U.S. 250 (2016), or may instead impose a stricter regime that effectively demands near impossibility, total incapacity, or ‘maximum feasible diligence,’ denying tolling in cases like this one and producing divergent outcomes for similarly situated Title VII plaintiffs across the courts of appeals. Page 2 of 41