In a move that landed with the finality of a closed firehouse door, the U.S. Supreme Court on Monday refused to reopen the case of a former Denver firefighter who claimed the city forced him into retirement by assigning work that worsened a serious hand injury. The justices’ decision leaves untouched a Tenth Circuit ruling that extinguished his lawsuit before it ever reached trial.
High Court Leaves Lower Ruling Standing
In its latest order list, the Supreme Court rejected a certiorari petition from David Perez, who brought claims under Title VII and the Americans with Disabilities Act. Without offering commentary—typical of such denials—the justices allowed a February Tenth Circuit opinion to stand. That ruling held Perez had blown past the deadline for filing his bias charge with the U.S. Equal Employment Opportunity Commission.
According to the appellate court, Perez resigned on Feb. 27, 2020, placing his departure outside the 300-day filing window required to keep his claims alive. Perez had insisted the clock didn’t start ticking until March 2, 2020, arguing that the real end of his employment fell within the permissible period.
