Employment Discrimination Claim Time-Barred; Employment Application Limited Statute of Limitations to Six Months

In Ortegas v. G4S Secure Solutions (USA) Inc., 2017 NY Slip Op 09262 (App. Div. 1st Dept. Dec. 28, 2017), the court affirmed the dismissal, under CPLR 3211(a)(1), of plaintiff’s discrimination claims as time-barred.

The court explained:

Plaintiff’s employment application “utterly refutes” her discrimination claims and conclusively establishes defendants’ defense as a matter of law… . The employment application unambiguously shortened the applicable statute of limitations to six months. Plaintiff does not contest that her complaint was untimely if this provision is enforceable, nor does she specify evidence she might have obtained in discovery that would change this result. (Emphasis added.)

It rejected plaintiff’s argument that the employment application was unconcsionable, noting (with respect to substantive unconscionability) that “New York courts have held that a six-month period to bring an employment claim is inherently reasonable.”

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