Introduction to Employee law

QUESTION

: A teacher was terminated and filed a discrimination charge with the EEOC. While his case was pending, he moved to another state to care for his mother, who was in the final stages of Alzheimers disease. About six months after he had filed his charge, the EEOC sent him notice of his right to sue. The notice was sent to his previous address in Washington, D.C. On his EEOC intake form, the teacher had listed his former Washington, D.C., address, but had also written c/o (in care of) with his attorneys name and contact information. However, the teacher had not thought to contact the EEOC and provide it with his new out-of-state address. A copy of the right-to-sue letter was not sent to the attorney. When the attorney later contacted the EEOC for an update on the status of the teachers case, he was informed that the right-to-sue letter had been issued almost seven months earlier. The attorney then promptly filed suit in federal court, but the suit was dismissed as not timely. The teacher argued that the period for filing a discrimination suit should have been tolled because he was out of state to care for his mother and he reasonably believed that the EEOC would notify his attorney. On appeal, what should the court decide? Why?