Statute of Limitations

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In Peckham v. Island Park Union Free School District, 2018 WL 6332441 (App. Div. 2nd Dept. Dec. 5, 2018), the Second Department reversed the lower court’s denial of defendant’s motion for summary judgment, and held that plaintiff’s complaint – alleging age and sexual orientation discrimination under the New York State Human Rights Law – should…

Read More Age, Sexual Orientation Discrimination Claims Should Have Been Dismissed as Time-Barred, Second Department Holds
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In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable
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In Stagnitta v. Ambrosino, 2018 NY Slip Op 08053 (App. Div. 2nd Dept. Nov. 21, 2018), the court held that “[t]he alleged sexualization of a physician-patient relationship generally sounds in medical malpractice … since the injuries incurred are not separate and distinct from the damages incurred for medical malpractice[.]” Here are the facts of this case,…

Read More Claim Based on Improper Sexual Conduct by Psychiatrist Subject to Medical Malpractice Statute of Limitations
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From Perez v. Mason Tenders District Council, 17-3896 (2d Circuit Nov. 21, 2018) (Summary Order): Perez concedes in her opening brief, as she did before the district court, that her complaint was filed outside the 90-day window she had from receiving the EEOC’s rightto-sue letter to bring her claim. Nevertheless, she maintains that the limitations…

Read More ADA Disability Discrimination Claim Properly Dismissed as Filed Beyond the 90-Day EEOC Notice
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In Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits,…

Read More Disability Discrimination & Retaliation Claims Dismissed on “Procedural” Grounds
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In Pothen v. StonyBrook University, 2018 WL 3954148 (E.D.N.Y. Aug. 15, 2018), the court adopted a Report and Recommendation (R&R) that plaintiff’s discrimination and retaliation claims be dismissed. In doing so, the court discussed the so-called “continuing violation” doctrine. From the decision: the Court agrees with the R&R’s conclusion that plaintiff’s claims based on separate,…

Read More Absent Evidence of “Practice or Policy” of Discrimination, Court Declines to Apply “Disfavored” Continuing Violations Doctirine “Continuing Violation” Doctrine Held Inapplicable
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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…

Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”
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In Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to…

Read More Race Discrimination Case Transferred to Brooklyn, Where Only Non-Time-Barred Conduct “Arose” [Romero v. City of New York]
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In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely.…

Read More Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]
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From Abdelal v. Kelly, No. 17-1166, 2018 WL 992307 (2d Cir. Feb. 21, 2018) (Summary Order): The district court analyzed timeliness based solely on the IAB investigation that concluded on September 30, 2009. But Abdelal presented evidence of alleged harassment after that date. He contends that the Level II performance monitoring, which continued until September…

Read More Hostile Work Environment Claims Resurrected From Dismissal on Timeliness Grounds
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