Statute of Limitations

In Feinstein v. Richard Carranza and the NYC Dept. of Education, 19-CV-3344, 2021 WL 722411 (E.D.N.Y. Feb. 24, 2021), the court dismissed plaintiff’s religion-based discrimination claim as untimely, in that it was not filed within 90 days of the receipt of the right-to-sue letter from the U.S. Equal Employment Opportunity Commission (EEOC). From the decision:…

Read More Day-Late Religious Discrimination Complaint Dismissed
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In Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…

Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently Alleged
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In Maynard v. Montefiore Medical Center et al, 2021 WL 396700 (S.D.N.Y. February 4, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claims. Generally, every legal claim has a statute of limitations, which (in sum) is a deadline by which a claim must be asserted. The application of the statute of limitations to…

Read More Hostile Work Environment Claims Dismissed Against Montefiore Medical Center
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In Raji v SG Americas Securities, LLC, No. 12583, 2020 N.Y. Slip Op. 07475, 2020 WL 7250251 (N.Y.A.D. 1 Dept., Dec. 10, 2020) – an employment discrimination (based on sexual orientation) case – the Appellate Division, First Department held that plaintiff’s claims, in part, were not barred on statute of limitations grounds. The court’s decision…

Read More Dismissal of Federal Action in Sexual Orientation Discrimination Case Did Not Render Ensuing State Action Untimelys Not Untimely
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In Gausney-Cruz v. City of New York, No. 151766/2020, 2020 WL 5900906 (N.Y. Sup Ct, New York County Sep. 30, 2020), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims on statute of limitations grounds. Specifically, plaintiff filed their complaint alleging unlawful termination approximately seven years after they were terminated. It was undisputed that…

Read More Discrimination Complaint Dismissed as Time-Barred
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In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
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In Young v. Edwin Gould Services for Children and Families, 2020 WL 4287164 (EDNY July 27, 2020), the court dismissed plaintiff’s federal age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) on statute-of-limitations grounds. Plaintiff alleged, inter alia, that plaintiff’s supervisor (his former trainee) disrespected and lied abut plaintiff to others, that…

Read More Untimely EEOC Filing Results in Dismissal of ADEA Age Discrimination Claim
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In Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…

Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court Holds
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A recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…

Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court Holds
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On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8, titled “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.” This Order affects various New York laws, including the Civil Practice Law and Rules, the Vehicle and Traffic Law, and the Business Corporation Law. It imposes the following changes to various…

Read More NYS Executive Order 202.8 Extends Statutes of Limitation Etc.
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