irwin department veterans affairs argued october decided december petitioner irwin filed complaint equal employment opportunity commission eeoc claiming unlawfully fired respondent veterans administration basis race disability eeoc dismissed complaint march mailing copies letter irwin attorney irwin received letter april attorney received actual notice letter april country delivered office march days attorney office received letter days irwin received copy filed action district alleging inter alia violation title vii civil rights act dismissed case lack jurisdiction ground complaint filed within time specified provides complaint federal government must filed within days receipt notice final action taken eeoc appeals affirmed holding notice final action received eeoc delivers notice claimant attorney offices whichever comes first span operates absolute jurisdictional limit held irwin complaint untimely section requires eeoc letter received specify receipt must claimant rather representative congress may depart common established practice providing notification counsel expressly irwin argument material difference receipt attorney receipt office purposes rejected lower courts consistently held notice attorney office acknowledged representative office qualifies notice client practical effect contrary rule create uncertainty encouraging factual disputes actual notice received pp statutes limitations actions government subject rebuttable presumption equitable tolling applicable suits private defendants applying rule amounts little broadening congressional waiver sovereign immunity pp irwin failure file may excused equitable tolling principles federal courts typically extended equitable relief sparingly suits private litigants allowing tolling claimant actively pursued judicial remedies filing defective pleading induced tricked adversary misconduct allowing filing deadline pass equitable tolling principles extend irwin claim untimely filing excused attorney office notice received filed within days date personally received notice best garden variety claim excusable neglect affirmed rehnquist delivered opinion blackmun scalia kennedy joined white filed opinion concurring part concurring judgment marshall joined post stevens filed opinion concurring part dissenting part post souter took part consideration decision case jon ker appointment argued cause petitioner briefs brian serr deputy solicitor general roberts argued cause respondents brief solicitor general starr assistant attorney general gerson harriet shapiro gregory elaine kaplan kerry adams filed brief national treasury employees union amicus curiae urging reversal chief justice rehnquist delivered opinion april petitioner shirley irwin fired job respondent veteran administration va irwin contacted equal employment opportunity counselor filed complaint eeoc alleging va unlawfully discharged basis race physical disability eeoc dismissed irwin complaint letter dated march letter sent irwin attorney expressly informed irwin right file civil action title vii stat amended et within days receipt eeoc notice according irwin receive eeoc letter april letter attorney arrived attorney office march attorney country attorney learn eeoc action return april irwin filed complaint district western district texas may days eeoc notice received attorney office days date claimed received letter complaint alleged va discriminated race age handicap violation et stat amended et stat amended et first fifth amendments respondent va moved dismiss asserting inter alia district lacked jurisdiction complaint filed within days eeoc decision specified district granted motion appeals fifth circuit affirmed held period begins run date eeoc letter delivered offices formally designated counsel claimant even counsel actually receive notice later appeals determined span allotted operates absolute jurisdictional limit accordingly reasoned district excuse irwin late filing federal courts lacked jurisdiction untimely claim ibid holding direct conflict decisions four courts appeals granted certiorari determine period begins run resolve circuit conflict whether claims jurisdictionally barred section provides employment discrimination complaint federal government title vii must filed ithin thirty days receipt notice final action taken eeoc appeals determined notice final action received eeoc delivers notice claimant claimant attorney whichever comes first petitioner argues clock begin claimant notice right sue conclude irwin complaint filed district untimely appeals observed requires eeoc notification letter received specify receipt claimant rather claimant designated representative question petitioner appeared attorney eeoc proceeding system representative litigation party deemed bound acts considered notice facts notice charged upon attorney link wabash quoting smith ayer congress endorsed sensible practice analogous provisions federal rules civil procedure provide henever rules service required permitted made upon party represented attorney service shall made upon attorney unless service upon party ordered fed rule civ proc read term receipt mean actual receipt claimant render practice notification counsel meaningless exercise congress intends depart common established practice providing notification counsel must expressly see decker also reject irwin contention material difference receipt attorney receipt attorney office purposes lower federal courts consistently held notice attorney office acknowledged representative office qualifies notice client see ringgold national maintenance communications satellite app federal rule civil procedure also permits notice litigant made delivery papers litigant attorney office practical effect contrary rule encourage factual disputes actual notice received thereby create uncertainty area law certainty much desired fact petitioner strictly comply filing deadline however end inquiry petitioner contends even failed timely file error may excused equitable tolling principles appeals rejected argument ground filing period contained jurisdictional therefore district lacked authority consider equitable claims reasoned applies suits federal government thus condition congress waiver sovereign immunity since waivers sovereign immunity traditionally construed narrowly determined strict compliance necessary predicate title vii suit respondent correctly observes condition waiver sovereign immunity thus must strictly construed see library congress shaw previous cases dealing effect time limits suits government entirely consistent even though cases may distinguished facts locke stated leaving open general question whether principles equitable tolling waiver estoppel apply government involves statutory filing deadline justice white points concurrence post nearly thirty years earlier soriano held petitioner claim jurisdictionally barred saying congress entitled assume limitation period prescribed meant recently bowen city new york explained must careful assume authority narrow waiver congress intended construe waiver unduly restrictively citation omitted title provides relevant part within thirty days receipt notice final action taken equal employment opportunity commission employee applicant employment aggrieved final disposition complaint failure take final action complaint may file civil action provided section title time requirements lawsuits private litigants customarily subject equitable tolling hallstrom tillamook county indeed held statutory time limits applicable lawsuits private employers title vii subject equitable tolling waiver sovereign immunity implied must unequivocally expressed mitchell quoting king congress made waiver think making rule equitable tolling applicable suits government way applicable private suits amounts little broadening congressional waiver principle likely realistic assessment legislative intent well practically useful principle interpretation therefore hold rebuttable presumption equitable tolling applicable suits private defendants also apply suits congress course may provide otherwise wishes examination cases applied equitable tolling doctrine private litigants affords petitioner little help federal courts typically extended equitable relief sparingly allowed equitable tolling situations claimant actively pursued judicial remedies filing defective pleading statutory period complainant induced tricked adversary misconduct allowing filing deadline pass generally much less forgiving receiving late filings claimant failed exercise due diligence preserving legal rights baldwin county welcome center brown time limits imposed congress suit government involve waiver sovereign immunity evident favorable tolling doctrine may employed government employed suits private litigants petitioner urges failure file timely manner excused lawyer absent office time eeoc notice received thereafter filed within days day personally received notice principles equitable tolling described extend best garden variety claim excusable neglect judgment appeals accordingly affirmed justice souter took part consideration decision case footnotes see zipes trans world airlines crown cork seal parker see burnett new york central plaintiff timely filed complaint wrong herb pitcairn american pipe construction utah plaintiff timely filing defective class action tolled limitations period individual claims purported class members see glus brooklyn eastern dist terminal adversary misrepresentation caused plaintiff let filing period lapse holmberg armbrecht justice white justice marshall joins concurring part concurring judgment although agree period begins run notice equal employment opportunity commission delivered either claimant claimant attorney join portion opinion holding time period subject equitable tolling see ante recognizes see ante statutory deadlines suits government one case conditions government waiver sovereign immunity see mottaz kubrick must strictly observed exceptions thereto implied lehman nakshian quoting soriano see also block north dakota ex rel bd univ school lands view failed strictly observe terms statute issue case congress expressly provide equitable tolling filing deadline however holds like statutes limitations suits private litigants limitations periods suits government presumptively subject equitable tolling ante holding needlessly reverses least one prior decisions tension several others existence sovereign immunity traditionally held government consent sued implied must unequivocally expressed mitchell quoting king rule applies even contrary presumption suits private defendants decision library congress shaw instructive point held government liable federal provisions title vii interest reaching conclusion reaffirmed longstanding rule despite consent sued government liable interest unless separate explicit waiver effect although statute case provided government liable private person costs including reasonable attorney fee stated must construe waivers strictly favor sovereign enlarge waiver beyond language requires citations omitted seems case holding time limit subject equitable tolling done exactly shaw proscribes enlarged waiver beyond language section requires holding inconsistent traditional approach cases involving sovereign immunity directly overrules prior decision soriano question soriano whether war tolled statute limitations claims government filed claims arguing equitable tolling plaintiff relied case held war tolled limitations statute purposes private causes action persuaded stating hat case involved private citizens government applicability claims sovereign ibid explained permit application doctrine urged petitioner impose tolling statute every time limit consent act passed congress strangely enough congress required provide expressly statute period limitation extended war congress entitled assume limitation period prescribed meant period intent mind congress passed specific legislation time seen fit toll statutes limitations war long decided limitations conditions upon government consents sued must strictly observed exceptions thereto implied omitted deviates cases believes decisions concerning time requirements entirely consistent ante even belief doctrine stare decisis demands attempt reconcile prior decisions rather hastily overrule attempt reveal bowen city new york cited alleged inconsistency see ante irreconcilable cases discussed bowen allowed equitable tolling government among things statutory time period set forth expressly allowed tolling section requires civil action filed within sixty days within time secretary may allow see emphasis added noted provision section allowing secretary extend filing deadline expressed congress clear intention allow tolling cases moreover observed regulations promulgated secretary governing extensions time provision based equitable concerns fairness claimants support ing application equitable tolling statute case unlike one bowen manifest clear intention congress allow tolling thus subject rule articulated soriano supra accordingly concur judgment believe equitable tolling available defense filing requirement reach factual issue whether equitable tolling supported circumstances case failure recognize importance sovereign immunity statutory construction also ignores brown gsa case held title vii provisions federal employees preempt remedies discrimination federal employment reached conclusion despite earlier holding johnson railway express agency title vii provisions private employees preempt discrimination remedies found johnson inapposite among things problems sovereign immunity context johnson case also asserts allowing equitable tolling government likely realistic assessment legislative intent ante unclear however likelihood rather opposite true statute example enacted presumption set forth soriano statutes limitations suits government subject equitable tolling unlikely congress mind present departure longstanding rule stare decisis fundamental importance rule law welch texas dept highways public among things promotes stability protects expectations vasquez hillery although always important guiding principle special force cases one involve statutory interpretation congress position overrule decision chooses patterson mclean credit union justice stevens concurring part dissenting part agree conclusion filing deadline subject equitable tolling petitioner failed establish basis tolling case agree limitations period began run petitioner lawyer rather petitioner received notice eeoc petitioner right file civil action entirely correct notice litigant attorney generally considered notice litigant litigation commenced see ante overlooks fact litigation usually commenced service process adverse party indeed federal rules civil procedure expressly require service opposing litigant see fed rule civ proc case involves notice condition precedent commencement formal litigation therefore believe congress intended notice like summons complaint served adverse party representative contends reading term receipt mean actual receipt claimant render practice notification counsel meaningless exercise ante logic however reading receipt mean receipt claimant representative renders meaningless exercise eeoc practice notifying claimant personally practice codified eeoc regulations see cfr actually notifying claimant representative makes sense regardless notice begins ticking limitations clock dual notification ensures persons concerned progress action apprised important developments cf ibid also requiring notification employing agency however claimant representative eeoc necessarily also represent claimant ensuing civil suit indeed representative administrative proceedings need even attorney see notice claimant therefore logical trigger limitations countdown construction sensible light notice requirement function statutory scheme also consistent previous admonitions title vii remedial statute construed favor legislation designed protect see zipes trans world airlines love pullman accordingly respectfully dissent judgment instead reverse judgment appeals remand case resolution disputed factual issue petitioner actually received notice eeoc right file civil action