The 90-day period applies to ADEA claims as well as Title VII claims. See Summers v. Walgreen Co., No. 15-cv-12836, at *2 (E.D. Mich. Apr. 26, 2016). The Sixth Circuit has resolved that notice is given, and hence the ninety-day limitations term begins running, on the fifth day following the EEOC's mailing of an RTS notification to the claimant's record residential address, by virtue of a presumption of actual delivery and receipt within that five-day duration, unless the plaintiff rebuts that presumption with proof that he or she did not receive notification within that period.
"As many courts have held, 'Title VII's [90] day period applies to pro se plaintiffs, and even one day's delay is fatal to a claim.'" Hudson v. Genesee Intermediate Sch. Dist., No. 13-12050, 2013 WL 6163220, at *4 (E.D. Mich. Nov. 25, 2013) (collecting cases, and dismissing plaintiff's Title VII and ADEA claims filed 92 days after presumptive receipt of RTS notice as untimely); see also Peete v. Am. Standard Graphic, 885 F.2d 331, 331-32 (6th Cir. 1989) (Title VII claims filed one day late were untimely); Summers v. Walgreen Co., No. 15-cv-12836, 2016 WL 1640418, at *3 (E.D. Mich. Apr. 26, 2016) (dismissing plaintiff's ADEA claim filed 91 days after presumptive receipt of EEOC right-to-sue notice as untimely).