Right-to-Sue Letter

A notice issued by the EEOC authorizing a charging party to file a private lawsuit after the EEOC concludes its administrative process, triggering a strict 90-day filing deadline. Receipt of a right-to-sue letter is a jurisdictional prerequisite to federal court litigation under Title VII, the ADA, and the ADEA. Funders underwriting employment discrimination matters must verify that the right-to-sue letter has been received and that the filing deadline has not lapsed or is being carefully managed.

Funders verify both that the right-to-sue letter has actually been received and that the strict 90-day filing deadline is being actively managed, since this jurisdictional prerequisite is a common and entirely avoidable way for an otherwise strong claim to fail on a technicality. Underwriting a claim before the letter has issued introduces timing risk funders typically address by conditioning full capital deployment on confirmed, timely filing.