Joel G. PACHECO, Jr., Plaintiff-Appellant, v. Donald B. RICE, Sec'y of Air Force, Et Al., Defendants-Appellees, 966 F.2d 904 (5th Cir. 1992). · Go Syfert
Joel G. PACHECO, Jr., Plaintiff-Appellant, v. Donald B. RICE, Sec'y of Air Force, Et Al., Defendants-Appellees, 966 F.2d 904 (5th Cir. 1992). Cases Citing This Book View Copy Cite
199 citation events (168 in the last 25 years) across 26 distinct courts.
Strongest positive: Jean Robert Saint-Jean v. Emigrant Mortg. Co., Inc. (ca2, 2025-02-19)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jean Robert Saint-Jean v. Emigrant Mortg. Co., Inc.
2d Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
to allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effec- tively eviscerate the time limits prescribed for filing such complaints.
examined Cited as authority (verbatim quote) Tudor v. US Department of Homeland Security (2×) also: Cited as authority (rule)
N.D. Tex. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effectively eviscerate the time limits prescribed for filing such complaints.
examined Cited as authority (verbatim quote) Boudreau v. Nokia of America Corporation
N.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
to allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effectively eviscerate the time limits prescribed for filing such complaints.
discussed Cited as authority (verbatim quote) Patrick Baker v. John McHugh
5th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
failure to notify the eeo counselor in timely fashion may bar a claim, absent a defense of waiver, estoppel, or equitable tolling.
discussed Cited as authority (verbatim quote) Johnson v. Johnson
S.D. Tex. · 2013 · quote attribution · 1 verbatim quote · confidence high
courts regularly apply 1614.105(a) to claims of retaliation.
discussed Cited as authority (verbatim quote) Duffy v. England (2×) also: Cited as authority (rule)
1st Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is to be expected that some relevant facts will come to light after the date of an employee's termination - one purpose of filing an administrative complaint is to uncover them
discussed Cited as authority (verbatim quote) JUAN SANCHEZ v. WILLIAM J. HENDERSON, Postmaster General, UNITED STATES POSTAL SERVICE (2×) also: Cited as authority (rule)
unknown court · quote attribution · 1 verbatim quote · confidence high
equitable tolling is appropriate when, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.
discussed Cited as authority (rule) Patrick Breaux v. Alliance Liftboats, LLC, et al.
E.D. La. · 2026 · confidence medium
Tex. Dec. 16, 2020)(quoting Holland v. Florida, 560 U.S. 631 , 653 (2010)). 28 Id. (quoting Palacios v. Stephens, 723 F.3d 600, 605 (5th Cir. 2013)). 29Teemac v. Henderson, 298 F.3d 452, 457 (5th Cir. 2002) (internal quotation marks and citations omitted). 30 Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992). 31 See Gomez v. Global Precision Systems, 636 F.Supp.3d 746 , 761 (W.D.
discussed Cited as authority (rule) Fred J. Jackson v. Kristi Noem, Secretary of the Department of Homeland Security
E.D. La. · 2026 · confidence medium
And importantly for the present case, the employee “must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105 (a)(1).“Failure to notify the EEO counselor in timely fashion may bar a claim, absent a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Jo Alloway, et al. v. Bowlero Corp., et al.
E.D.N.Y · 2025 · confidence medium
Ultimately, “the doctrine of equitable tolling ‘does not permit plaintiffs to suspend the time for filing discrimination complaints indefinitely when they discover instances of treatment of other employees months or years after their discharge.’” Fausto v. Reno, 955 F. Supp. 286, 293 (S.D.N.Y 1997) (adopting report and recommendation) (quoting Pacheco v. Rice, 966 F.2d 904, 907 (5th Cir. 1992)).
discussed Cited as authority (rule) Emanuel v. Nelson
S.D. Tex. · 2025 · confidence medium
“Failure to notify the EEO counselor in timely fashion,” as done by Emanuel, “may bar a claim, absent a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992) (citing Henderson v. United States Veterans Admin., 790 F.2d 436 , 439 (5th Cir. 1986)).
discussed Cited as authority (rule) Kwateng v. McWilliams
S.D.N.Y. · 2024 · confidence medium
(See, e.g., MSJ Opp. at 7.) But that is not enough: “[T]he doctrine of equitable tolling ‘does not permit plaintiffs to suspend the time for filing discrimination complaints indefinitely when they discover instances of treatment of other employees months or years after [an adverse action].’” Fausto v. Reno, 955 F. Supp. 286, 293 (S.D.N.Y. 1997) (report and recommendation adopted) (quoting Pacheco v. Rice, 966 F.2d 904, 907 (Sth Cir. 1992)).
discussed Cited as authority (rule) Jenes v. Secretary of Veterans Affairs
W.D. Tex. · 2024 · confidence medium
“Failure to notify the EEO counselor in timely fashion may bar a claim” unless the claimant successfully asserts “a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Ashford v. Director, TDCJ-CID
N.D. Tex. · 2024 · confidence medium
Rather, “[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.” Jd. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992)).
discussed Cited as authority (rule) Sultana-Neill v. DeJoy
W.D. Tex. · 2024 · confidence medium
“Failure to initiate contact within the required period bars review of the claim in federal court absent waiver, estoppel, or equitable tolling.” Austin v. Potter, 358 F. App’x 602, 605 (5th Cir. Jan. 4, 2010) (citing Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992)).
cited Cited as authority (rule) Bandy v. TRC Solutions, Inc.
W.D. Tex. · 2024 · confidence medium
Tex. Oct. 6, 2016) (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992)).
discussed Cited as authority (rule) Taylor v. McDonough
5th Cir. · 2024 · confidence medium
“Failure to notify the EEO counselor in timely fashion may bar a claim, absent a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992); see also Baker v. McHugh, 672 F. App’x 357, 361 (5th Cir. 2016).
discussed Cited as authority (rule) McGavitt v. Lumpkin
W.D. Tex. · 2024 · confidence medium
Rather, “‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.’” /d. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (Sth Cir. 1992)).
cited Cited as authority (rule) Carmona v. The City of Brownsville
S.D. Tex. · 2024 · confidence medium
Sutton v. Cain, 722 F. 3d 312, 317 (5th Cir. 2013); Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir 1992).
discussed Cited as authority (rule) Legacy Equity Advisors LLC v. AT&T Inc
N.D. Tex. · 2023 · confidence medium
A claim, however, can be subject to the doctrine of equitable tolling, which allows the plaintiff to avoid the bar of the statute of limitations when, “despite all due diligence, [it] is unable to discover essential information bearing on the existence of [its] claim.” Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992); see also Granger v. Aaron’s, Inc., 636 F.3d 708, 712 (5th Cir. 2011) (holding that a claim may be equitably tolled due to the plaintiff’s “unawareness of the facts giving rise to the claim because of the defendant’s intentional concealment of them”).
discussed Cited as authority (rule) Smith v. McDonough
W.D. Tex. · 2023 · confidence medium
“Failure to notify the EEO counselor in a timely fashion may bar a claim” unless the claimant successfully asserts “a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Brown v. Defense Commissary Agency
W.D. Tex. · 2023 · confidence medium
“Failure to notify the EEO counselor in a timely fashion may bar a claim” unless the claimant successfully asserts “a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Stallworth-Lewis v. Vilsack
W.D. La. · 2023 · confidence medium
The computation of the period for filing administrative complaints hinges on “when the plaintiff knows or reasonably should have known about the. □□ discriminatory event or action.” Pacheco v. Rice, 966 F.2d 904, 906 (Sth Cir. 1992).
discussed Cited as authority (rule) Lopez v. Kendall
5th Cir. · 2023 · confidence medium
Indeed, “[f]ailure to notify the EEO counselor in a timely fashion may bar a claim” unless the claimant successfully asserts “a defense of waiver, estoppel, or equitable tolling.” Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Rhodes v. Rupert
W.D. Tex. · 2022 · confidence medium
Rather, “ ‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.’ ” Id. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (Sth Cir. 1992)).
discussed Cited as authority (rule) Rhodes v. Rupert
W.D. Tex. · 2022 · confidence medium
Rather, “ ‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.’ ” Jd. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992)).
cited Cited as authority (rule) Katz v. McCarthy
W.D. La. · 2022 · confidence medium
Pacheco v. Rice, 37 [Id. at p.21, n.7] 966 F.2d 904, 905 (5th Cir.1992).
discussed Cited as authority (rule) Campbell v. Barr (2×) also: Cited "see"
N.D. Tex. · 2022 · confidence medium
Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
discussed Cited as authority (rule) Hamm v. Acadia Healthcare Company, Inc.
E.D. La. · 2022 · confidence medium
The Court will not toll the statute of limitations for opt-in plaintiffs. 54 Teemac v. Henderson, 298 F.3d 452, 457 (5th Cir. 2002) (internal quotation marks and citations omitted). 55 Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992). 56 See Mejia, 2014 U.S. Dist.
discussed Cited as authority (rule) Hightower v. Family Health Care Clinic, Inc.
S.D. Miss. · 2022 · confidence medium
“The requirement of diligent inquiry imposes an affirmative duty on the potential plaintiff to proceed with a reasonable investigation in response to an adverse event.” Pacheco v. Rice, 966 F.2d 904, 907 (5th Cir. 1992).
cited Cited as authority (rule) Ellis v. Goodheart Specialty Meats
W.D. Tex. · 2022 · confidence medium
Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992).
cited Cited as authority (rule) Normore v. Dallas Independent School District
N.D. Tex. · 2021 · confidence medium
Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992); see Li v. Univ. of Tex. Rio Grande Valley, No. 7:15-CV-00534, 2018 WL 706472 , at *5 (S.D.
discussed Cited as authority (rule) Belton v. GEO Group
5th Cir. · 2021 · confidence medium
COMM’N, https://www.eeoc.gov/time-limits-filing-charge (last visited Dec. 3, 2021). 8 Mennor v. Fort Hood Nat’l Bank, 829 F.2d 553 , 555–56 (5th Cir. 1987). 9 Miller v. Potter, 359 F. App’x 535 , 536–37 (5th Cir. 2010) (per curiam) (citing Christopher v. Mobil Oil Corp., 950 F.2d 1209 , 1217 n.2 (5th Cir. 1992)); Abels v. Braithwaite, 832 F. App’x 335 , 336 (5th Cir. 2020) (per curiam) (This Court has “consistently focused on the date that plaintiff knew of the discriminatory act.”); Eastin v. Entergy Corp., 865 So. 2d 49, 54 (La. 2004) (“In both Ricks and Chardon, the United…
discussed Cited as authority (rule) Cornejo v. Lumpkin
W.D. Tex. · 2021 · confidence medium
Rather, “‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.”” Id. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (Sth Cir. 1992)).
discussed Cited as authority (rule) Gomez v. The Attorney General of the State of Texas
W.D. Tex. · 2021 · confidence medium
Rather, “‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.’” Id, at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (Sth Cir. 1992)).
discussed Cited as authority (rule) Glover v. DeJoy (2×)
W.D. Tex. · 2021 · confidence medium
“Aggrieved persons who believe they have been discriminated against on the basis of race . . . must initiate contact with a Counselor . . . in the case of personnel action, within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105 (a)(1). “‘Failure to notify the EEO counselor in a timely fashion may bar the employee’s claim.’” Yee, 325 F. App’x at 378 (quoting Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992)).
discussed Cited as authority (rule) Saunders v. U.S. Department of Veterans Affairs
E.D. La. · 2021 · confidence medium
According to the Fifth Circuit, “[f]ailure to notify the EEO counselor within [the 45 day] time period constitutes a failure to exhaust administrative remedies and acts as a bar to judicial pursuit of those claims.” Swanson v. Perry, 69 F. App’x 658 (5th Cir. 2003) (Pancheco v. Rice, 966 F.2d 904, 905 (5th Cir. 1992)).
discussed Cited as authority (rule) Belton v. Geo Group Inc
W.D. La. · 2021 · confidence medium
Appx. 535, 537 (5th Cir. 2010) (per curiam) (“To allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effectively eviscerate the time limits prescribed for filing such complaints.” (quoting Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992))).
discussed Cited as authority (rule) Abels v. Braithwaite
5th Cir. · 2020 · confidence medium
“This Circuit has . . . consistently focused on the date that plaintiff knew of the discriminatory act.” Merrill v. S. Methodist Univ., 806 F.2d 600, 605 (5th Cir. 1986); see id. (“[The leading case on this subject] emphasizes that the limitations period starts running on the date the discriminatory act occurs.”); see also Miller v. Potter, 359 F. App’x 535, 537 (5th Cir. 2010) (per curiam) (“To allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would 2 Case: 20-60118 Document: 00515687297 Page: 3 Date …
discussed Cited as authority (rule) Newell v. Mnuchin
D.D.C. · 2020 · confidence medium
Ms. Newell maintains that she is therefore entitled to equitable tolling because she “notif[ied] an EEO counselor within 45 days of ‘apprehend[ing] that an adverse employment decision was motivated by a discriminatory purpose.’” Vasser, 228 F. Supp. 3d at 13 (quoting Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992)); see also Miller v. Hersman, 594 F.3d 8, 12 (D.C.
cited Cited as authority (rule) Coder v. M-I, LLC
E.D. La. · 2019 · confidence medium
Tex. Aug. 13, 2010) (citing Caldwell v. Dretke, 429 F.3d 521 , 530 n.23 (5th Cir. 2005); Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992).
discussed Cited as authority (rule) Phillips v. Davis
W.D. Tex. · 2019 · confidence medium
Rather, ““‘[e]quitable tolling is appropriate where, despite all due diligence, a plaintiff is unable to discover essential information bearing on the existence of his claim.’” Jd. at 715 n.14 (quoting Pacheco v. Rice, 966 F.2d 904, 906-07 (Sth Cir. 1992)).
discussed Cited as authority (rule) Sierra v. Hayden (2×) also: Cited "see"
D.D.C. · 2017 · confidence medium
Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir. 1992) (emphasis added) (also noting that “[t]he doctrine of equitable tolling has it limits,” including “[t]he requirement of diligent inquiry [that] imposes an affirmative duty on the potential plaintiff’); accord Vasser, 228 F.Supp.3d at 13-14 , 2016 WL 7480263 , at *8.
discussed Cited as authority (rule) Henry Metz v. Eastern Associated Coal, LLC (2×)
W. Va. · 2017 · confidence medium
“To allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effectively eviscerate the time limits prescribed for filing such complaints.” Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992).
discussed Cited as authority (rule) Vasser v. Shinseki (2×)
D.D.C. · 2016 · confidence medium
It is certainly not sufficient for the plaintiff to notify an EEO counselor within 45 days of “apprehending] that an adverse employment decision was motivated by a discriminatory purpose.” Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992); accord Miller v. Hersman, 594 F.3d 8, 12 (D.C.
cited Cited as authority (rule) Keith Smith v. Dept. of Homeland Security
5th Cir. · 2016 · confidence medium
Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir.1992).
discussed Cited as authority (rule) Qi Lin v. Loretta Lynch
5th Cir. · 2016 · confidence medium
This court *310 has recognized that equitable tolling should apply in “rare and exceptional circumstances,” United States v. English, 400 F.3d 273, 275 (5th Cir.2005), and that a party seeking to toll a filing deadline must demonstrate diligence, Pacheco v. Rice, 966 F.2d 904, 906-07 (5th Cir.1992).
discussed Cited as authority (rule) Richard M. Villarreal v. R.J. Reynolds Tobacco Company (2×)
11th Cir. · 2015 · confidence medium
In employment cases, courts 49 Case: 15-10602 Date Filed: 11/30/2015 Page: 50 of 60 have said that the diligence requirement “imposes an affirmative duty on the potential plaintiff to proceed with a reasonable investigation in response to an adverse event.” See Pacheco v. Rice, 966 F.2d 904, 907 (5th Cir. 1992); cf. Hulsey v. Kmart, 43 F.3d at 558 (refusing to toll statute of limitations period because plaintiff had a “duty to determine whether there was, in fact, a discriminatory motivation” for the adverse job action).
cited Cited as authority (rule) Cash Biz, LP, Redwood Financial, LLC, Cash Zone, LLC Dba Cash Biz v. Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman Jr.
Tex. App. · 2015 · confidence medium
Ins. 4 See Pacheco v. Rice, 966 F.2d 904, 906 (5th Cir. 1992); Baker v. Fort Worth Mut.
examined Cited as authority (rule) Gustavo Reveles v. Janet Napolitano, Secretary (3×) also: Cited "see"
5th Cir. · 2014 · confidence medium
Mineta, 448 F.3d at 788 ; Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir.1992) (citing Hampton v. IRS, 913 F.2d 180, 182 (5th Cir.1990)). 5 . 29 C.F.R. § 1614.105 (a)(1). 6 .
Retrieving the full opinion text from the archive…
59 Fair empl.prac.cas. (Bna) 1057, 59 Empl. Prac. Dec. P 41,671 Joel G. Pacheco, Jr.
v.
Donald B. Rice, Secretary of Air Force
91-5768.
Court of Appeals for the Fifth Circuit.
Jul 1, 1992.
966 F.2d 904
1992 U.S. App. LEXIS 14999
1992 WL 151836
James A. Kosub, Kosub & Gaul, San Antonio, Tex., for plaintiff-appellant., William C. Isbell, Grand Prairie, Tex., Janette Johnson, Dallas, Tex., for Amicus Nat’l. Employment Lawyers Assoc., Marleigh D. Dover, Trial Atty., U.S. Dept, of Justice, Washington, D.C., Harold 0. Atkinson, Asst. U.S. Atty., San Antonio, Tex., for defendants-appellees.
Goldberg, Higginbotham, Davis.
Cited by 133 opinions  |  Published
PATRICK E. HIGGINBOTHAM, Circuit Judge:

Joel Pacheco filed this action under Title VII of the Civil Rights Act of 1964, alleging that he was forced to resign from his job because of his race. The district court dismissed the suit, finding Pacheco’s claim barred because he failed to initiate the administrative process within the applicable thirty day period. We affirm.

I.

In 1985, the United States Air Force employed Pacheco as an equal employment opportunity officer at Kelly Air Force Base. The security police at Kelly investigated complaints that Pacheco had sexually harassed female personnel at the base. Several women filed sworn statements that Pacheco had offered them money for sexual favors and persisted in making unwelcome sexual advances. Pacheco was given an opportunity to respond to these allegations. His supervisors evaluated the evidence and decided that he should be fired. They notified him of their final decision on July 25, 1985. Pacheco resigned the next day.

Three years later, Pacheco allegedly discovered that a similarly situated Anglo employee of the Air Force, who had also been accused of sexual harassment, had been investigated under different procedures and ultimately was not discharged. Within thirty days, Pacheco filed an informal complaint of discrimination with an Air Force EEO officer, alleging that he had been forced to resign because he was Hispanic. He filed a formal complaint the next month. The Air Force found the complaint untimely. Pacheco appealed to the Equal Employment Opportunity Commission, which also found his complaint time barred. He then filed suit in federal district court against his supervisors and the Secretary of the Air Force. The district court dismissed the supervisors as improper defendants and dismissed the complaint because of the administrative untimeliness, among other reasons. Pacheco appeals. [1]

, II.

The remedy for claims of employment discrimination by federal employees under Title VII is provided in 42 U.S.C. § 2000e-16(a)-(e). Henderson v. United States Veterans Admin., 790 F.2d 436, 439 (5th Cir.1986). Under this legislative scheme, federal employees must first exhaust their administrative remedies before they may bring suit in federal court. Hampton v. Internal Revenue Service, 913 F.2d 180, 182 (5th Cir.1990). The EEOC’s regulations provide that an agency may accept complaints only if

[t]he complainant brought to the attention of the Equal Employment Opportunity Counselor the matter causing him/ her to believe he/she had been discriminated against within 30 calendar days of the date of the alleged discriminatory event, the effective date of an alleged discriminatory personnel action, or the date that the aggrieved person knew or reasonably should have known of the discriminatory event or personnel action. 29 C.F.R. § 1613.214(a)(l)(i) (1991).

Failure to notify the EEO counselor in timely fashion may bar a claim, absent a defense of waiver, estoppel, or equitable tolling. Henderson, 790 F.2d at 439-40; Nealon v. Stone, 958 F.2d 584, 589 (4th Cir.1992); Benford v. Frank, 943 F.2d 609, 612 (6th Cir.1991).

[*906] Pacheco argues that the thirty day period for notifying an EEO counselor of his claim did not begin to run until July of 1988, when he learned that the Air Force had treated an Anglo employee more favorably than him. He did not perceive that the circumstances surrounding his discharge were discriminatory until he discovered this disparate treatment. Because he contacted an EEO counselor within thirty days of the date he obtained this information, he contends that his claim is not barred.

We disagree. Section 1614.-214(a)(l)(i) requires notice to an EEO counselor within thirty days of the date when the complainant knows or reasonably should know of “the discriminatory event or personnel action.” Notification within ■thirty days of the time a plaintiff apprehends that an adverse employment decision was motivated by a discriminatory purpose is not sufficient. The only “discriminatory event or personnel action” of which Pacheco can complain is the decision to fire him in July of 1985. Pacheco was given notice of this decision when it was made. The language of § 1613.214(a)(l)(i) indicates that the thirty day period for notifying an EEO counselor began at latest on the effective date of Pacheco’s termination. Pacheco’s complaint was three years late.

We have rejected arguments similar to Pacheco’s with respect to time limits in other provisions of Title VII and in other employment discrimination laws. See Merrill v. Southern Methodist University, 806 F.2d 600, 605 (5th Cir.1986) (180 day limitations period of 42 U.S.C. § 2000e-5(e) begins to run when a plaintiff knows or reasonably should know that the discriminatory act has occurred, not when he or she first perceives that a discriminatory motive caused the act); Chapman v. Homco, 886 F.2d 756, 758 (5th Cir.1989) (two year limitations period of 29 U.S.C. § 626(e)(1) begins to . run when plaintiff is notified that his employment is terminated, not when he learns that the termination was based on discriminatory factors). To allow plaintiffs to raise employment discrimination claims whenever they begin to suspect that their employers had illicit motives would effectively eviscerate the time limits prescribed for filing, such complaints.

In Jensen v. Frank, 912 F.2d 517, 520 (1st Cir.1990), the First Circuit confronted the same time limit that is at issue here, albeit in its pre-1987 form. [2] Like Pacheco, Jensen was a federal employee who learned after his discharge that a similarly situated co-worker of a different national origin was treated more leniently than he. Because this co-worker’s case led him to suspect that his discharge was discriminatory, he argued that the thirty day period did not begin to run until he found out about his co-worker’s more favorable treatment. The First Circuit rejected this argument. It concluded that whatever role discrimination may have played in the lenient treatment of Jensen’s fellow employee, it could not fairly be characterized as an event triggering Jensen’s obligation to contact an EEO officer. The same logic applies here. We find nothing in the amended version of § 1613.214(a)(l)(i) that mandates a different result.

We recognize that the time limit established by this regulation is subject to the traditional equitable defenses of waiver, estoppel, and equitable tolling. See Henderson, 790 F.2d at 440; Oaxaca v. Roscoe, 641 F.2d 386, 391 (5th Cir.1981). [3] Equitable tolling is appropriate when, despite all due diligence, a plaintiff is unable to discover essential information bearing[*907] on the existence of his claim. Rhodes v. Guiberson Oil Tools Div., 927 F.2d 876, 878 (5th Cir.1991); Cada v. Baxter Healthcare Corp., 920 F.2d 446, 452 (7th Cir. 1990); see also Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924, 931 (5th Cir.1975). Indeed, the EEOC has expressly provided a mechanism by which the thirty day time limit on employment discrimination complaints by federal employees may be extended. Its regulations say that “[t]he agency shall extend the time limits in this section when the complainant shows that he/she was not otherwise aware of them, was prevented by circumstances beyond the complainant’s control from submitting the matter within the time limits; or for other reasons considered sufficient by the agency.” 29 C.F.R. § 1613.214(a)(4).

The doctrine of equitable tolling has its limits, however. It does not permit plaintiffs to suspend the time for filing discrimination complaints indefinitely when they discover instances of disparate treatment of other employees months or years after their discharge. It is to be expected that some relevant facts will come to light after the date of an employee’s termination — one purpose of filing an administrative complaint is to uncover them. See Olson v. Mobil Oil Corp., 904 F.2d 198, 203 (4th Cir.1990). The requirement of diligent inquiry imposes an affirmative duty on the potential plaintiff to proceed with a reasonable investigation in response to an adverse event. Compare Jensen v. Snellings, 841 F.2d 600, 607 (5th Cir.1988).

The gist of Pacheco’s complaint was that the investigation of the sexual harassment charges against him was not performed in accordance with Air Force regulations and policies, whereas similar investigations involving Anglo employees were done by the book, with more favorable results for the employees. There is no reason that Pacheco could not have raised this issue at the time he resigned. The procedures governing disciplinary proceedings were well established at the time. As a career EEO officer, Pacheco was undoubtedly far more familiar with them than most Air Force employees. If Pacheco suspected that he was being singled out because of his race, he could easily have complained or sought information as to how disciplinary proceedings were supposed to be handled. Inquiry into past disciplinary proceedings would have been proper. Instead, he sat on his rights for three years. This was not a case for equitable tolling.

Finally, Pacheco’s argument that the Civil Rights Act of 1991 somehow modifies the time limit imposed by § 1613.214(a)(l)(i) is without merit. He seems to rely on the amended version of 42 U.S.C. § 2000e-5(e), that an unlawful employment practice occurs with respect to seniority systems when the seniority system is adopted, when an individual becomes subject to it, or when a person is injured by the application of the seniority system. Even if this provision were to be applied retroactively, a question we do not address here, it is inapplicable in this case where no seniority system is at issue.

AFFIRMED.

1

. We need not consider whether the supervisors were properly dismissed because Pacheco conceded this point below.

2

. Before its amendment in 1987, the regulátion provided that a federal employee’s discrimination complaint may be processed only if “[t]he complainant brought to the attention of the Equal Employment Opportunity Counselor the matter causing him to believe he had been discriminated against within 30 calendar days of the date of that matter, or, if a personnel action, within 30 calendar days of its effective date.” 29 C.F.R. § 1613.214(a)(l)(i) (1987).

3

. The Supreme Court has indicated that "the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States.” Irwin v. Veterans Admin., - U.S. -, 111 S.Ct. 453, 457, 112 L.Ed.2d 435 (1990).