Statute of Limitations

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In addition to being difficult to prove, employment discrimination cases are riddled with procedural minefields. One wrong step, and boom: your case is over. A recent decision, Miller v. St. Luke’s Roosevelt Hosp. Ctr. d/b/a Mount Sinai Roosevelt Hosp., No. 15-cv-7019, 2016 WL 1275066 (S.D.N.Y. Apr. 1, 2016), illustrates that in the law, seemingly mundane…

Read More Checking Wrong EEOC Box Results in Dismissal of Claim as Time-Barred
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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Every legal claim has a “statute of limitations” – that is, a deadline for filing a lawsuit in court. Failure to commence an action by the applicable statute of limitations can be fatal and result in the loss of important rights. In employment discrimination litigation, one key deadline when asserting claims under, for example, Title…

Read More Age Discrimination Claim Was Timely; “Three Day” Mailing Presumption Rebutted
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Raghavendra v. Bollinger, 2015 NY Slip Op 03775 (App. Div. 1st Dept. May 5, 2015), the court affirmed the lower court’s grant of summary judgment to defendant. This employment discrimination case (asserted under the New York State and City Human Rights Laws) illustrates how courts evaluate so-called failure to rehire cases, for statute of…

Read More Initial Rehire Refusal Triggers Statute of Limitations; Discrimination Action Was Time-Barred
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In Kane v. 247 Real Media, 14-cv-2482, 2015 WL 1623832 (SDNY April 7, 2015), the court explained and applied the “administrative exhaustion” requirement of Title VII of the Civil Rights Act of 1964. Plaintiff – a transgender woman – alleged that she was subjected to discrimination based on her race, color, gender, and national origin.…

Read More Failure to File at EEOC Dooms Federal Transgender Discrimination Claims
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In Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…

Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination Claim
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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The Appellate Division, First Department held, in Walzer v. Metropolitan Transportation Authority (decided May 13, 2014), that plaintiff’s gender discrimination claims should not have been dismissed: Applying the liberal pleading standards applicable to employment discrimination claims under the State and City Human Rights Law, plaintiff has stated causes of action for violations of the Human…

Read More First Department Reinstates Gender Discrimination Claims
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