Statute of Limitations

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In Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other Reasons
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In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower…

Read More Whistleblower, Discrimination, and Hostile Work Environment Claims Survive Dismissal
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In Shirazi v. New York Univ., 2017 NY Slip Op 32013(U) (Sup. Ct. NY Cty. Index No. 161303/2014 Sept. 25, 2017) – in which plaintiff asserts claims of discrimination based on religion, race, national origin, disability, and retaliation – the court discussed and applied the “continuing violation” doctrine under the New York State and City…

Read More Court Explains and Applies the “Continuing Violation” Doctrine Applicable to Hostile Work Environment Claims Under the New York State and City Human Rights Laws
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In Matter of Ferrara v. New York State Div. of Human Rights, 2017 NY Slip Op 06968 (App. Div. 2d Dept. Oct. 4, 2017), the court affirmed the denial of petitioner’s Article 78 petition to review a determination by the New York State Division of Human Rights that petitioner’s discrimination claims were barred by the NYS…

Read More Employment Discrimination Claims Properly Dismissed as Untimely
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In Seck v. Information Management Network, 2017 WL 3879683 (2d Cir. Sept. 6, 2017) (Summary Order), the court reiterated the rule that “[a] cause of action for employment discrimination accrues from the moment of the discrete act constituting an unlawful employment practice, not from when the discriminatory motive is discovered.” Applying the law, the court held:…

Read More 2d Circuit Affirms Dismissal of Employment Discrimination Claims as Untimely; Rejects “Motive Discovery” Rule
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In Kpaka v. City University of New York, 2017 WL 3866642 (2d Cir. 16-3527 Sept. 5, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. The court explained the standards applicable to evaluating the sufficiency of a discrimination claim: To…

Read More Second Circuit Affirms Dismissal of Race Discrimination Claims as Time-Barred and Based on Different Treatment of a Non-Similarly-Situated White Employee
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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…

Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since…

Read More Federal Discrimination Claims Not Barred By State and City Law Election of Remedies, Court Holds
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In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…

Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied
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In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
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