Statute of Limitations

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In Collins, Sam v. Federal Express Corporation, 2025 WL 1764809 (2d Cir. June 26, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work environment claims as being time-barred. From the decision: We also agree that Collins’ hostile-work-environment claims are time-barred. A hostile work…

Read More Hostile Work Environment Claims Against FedEx Properly Dismissed as Time-Barred, 2nd Circuit Holds
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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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A recent decision from the Eighth Circuit, Jackson v. Hennepin Healthcare System, Inc., 134 F.4th 1262 (8th Cir. April 25, 2025), illustrates the perils of waiting to the very end of the statute of limitations to file a complaint. In sum, the plaintiff filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission,…

Read More Employment Discrimination Claim Held Untimely, Notwithstanding Claim of a “Computer Glitch” Affecting Electronic Filing
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In Walls v. City of New York, No. 156492/2024, 2025 WL 697108 (N.Y. Sup Ct, New York County Mar. 04, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim on statute of limitations grounds. In doing so, the court applied the “continuing violation doctrine”: Defendants argue that Plaintiff’s claims…

Read More Applying “Continuing Violation Doctrine”, Court Rejects Statute of Limitations Challenge to Hostile Work Environment Claims
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In Vannier v. New York State Department of Corrections and Community Services et al, 2025 WL 345807 (N.D.N.Y. Jan. 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a transgender man who worked…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Include Assignment to Unsuitable Workspace
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The New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute. Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of…

Read More NYC Council Votes to Amend NYC Human Rights Law to Render Void Any Provision Seeking to Shorten the Statute of Limitations
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In Seemungal v New York State Department of Financial Services, No. 1087, 151495/21, 2022-02913, 2023 N.Y. Slip Op. 06341, 2023 WL 8587657 (N.Y.A.D. 1 Dept., Dec. 12, 2023), the court – citing the “liberal construction” which must be applied to pleadings when ruling on a motion to dismiss – reversed a lower court’s dismissal of…

Read More Sex Discrimination, Retaliation Claims Resurrected From Dismissal in Suit Against NYS Dept. of Financial Services
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On November 17, 2023, New York Governor Hochul signed State Assembly Bill A00501, which amends a portion of the New York Executive Law (known as the New York State Human Rights Law), section 297, to increase the statute of limitations – for discrimination and retaliation claims asserted in the New York Division of Human Rights…

Read More New York Increases Statute of Limitations for NYS Human Rights Law Claims
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In Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…

Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court Rules
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