the applicable commission prior to filing a complaint for damages. Compare 29 C.F.R. § 1614.105(d) (setting forth pre-complaint procedures and conditions for receipt of a right-to-sue letter from the EEOC), with § 28-5-24.1(c)(2) (giving complainants ninety days from receipt of a right-to-sue letter from the RICHR to file suit). It is appropriate to consider federal cases that have addressed the issue of whether a plaintiff can rely on the absence of a right-to-sue letter to avoid the bar of res judicata. Federal courts have held that employment discrimination claimants cannot escape the preclusive effect of a final judgment on state law grounds by arguing the lack of a right-to-sue letter from the EEOC. See, e.g., Jang v. United Technologies Corp., 206 F.3d 1147, 1149 (11th Cir.2000) (<HOLDING>); Brzostowski v. Laidlaw Waste Systems, Inc.,
holding disability discrimination claim barred holding age discrimination claim barred holding race and gender discrimination claim barred holding that regarded as claim was reasonably related to claim of discrimination on the basis of disability holding that west virginia disability discrimination law is not mechanically tied to federal disability discrimination jurisprudence