Labor & Employment Law

Statute of Limitations for discrimination claims runs from receipt notice of adverse employment action

By Harvey Randall, Esq.

Statute of Limitations for discrimination claims runs from receipt notice of adverse employment action

Pinder v City of New York, 2008 NY Slip Op 01861, Decided on March 4, 2008, Appellate Division, First Department

The Appellate Division sustained the dismissal of Etelina Pinder?s complaint alleging unlawful employment discrimination in violation of Executive Law §296.

The court decided that Pinder had ?availed herself of the grievance procedures contained in the collective bargaining agreement? and the availability of a CPLR Article 78 proceeding, which she did not pursue, which satisfied due process hearing requirements.

In addition, the Appellate Division rejected Pinder?s argument that her claim did not accrue until she had exhausted all administrative remedies. The decision notes that an employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the individual, and the possibility that the determination may be reversed is insufficient to toll the limitations period,? citing Cordone v Wilens & Baker, 286 AD2d 597.

Full post as published by New York Public Personnel Law on April 15, 2008 (boomark / email).