Title VII, ADEA, ADA Dismissal Affirmed on Statute of Limitations Grounds

In a recent decision, Gindi v. NYC Dept. of Education, 18-3057-cv, 2019 WL 4254700 (2d Cir. Sept. 9, 2019) (Summary Order), the Second Circuit affirmed the district court’s dismissal – on statute of limitations grounds – of plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act.

“Plaintiffs asserting claims under Title VII, the ADEA, or the ADA must first file a complaint with the Equal Employment Opportunity Commission (EEOC) or an equivalent state agency within 300 days of the allegedly discriminatory action.” The court further noted that while “the filing deadline is subject to equitable tolling … the plaintiff must show that she diligently pursued her rights and that extraordinary circumstances prevented a timely filing[.]”

Applying the law, the court held:

Gindi attached to her second amended complaint an EEOC and New York State Division of Human Rights (NYSDHR) charge dated December 2, 2015. The District Court correctly concluded that Gindi’s claims of discrimination against the DOE arising out of conduct that occurred before February 5, 2015 (300
days before the date of her complaint) were untimely. Here, Gindi alleged that the DOE’s discriminatory actions occurred during her employment as a teacher, which terminated in June 2013, well outside the 300‐day period.

It also found that there did not exist “extraordinary circumstances” sufficient to support an equitable tolling argument.