Contract Violations - Discrimination

What are the statute of limitations for sex discrimination, copyright infringement, and theft of intellectual property -

Thanks - Karen

1 answer  |  asked Jan 14, 2005 2:07 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Statute of Limitations on Sex Discrimination Cases

This is actually a very complicated question because there are multiple statutes of limitation.

Title VII is the federal law prohibiting discrimination on the basis of gender. It's general statute of limitations is 180 days. But, if you live in a state like New York, which has an agency dealing with discrimination claims, the statute of limitations is 300 days. But there is a quirk here, and some judges have said that the charge needs to be filed with the EEOC within 240 days.

It gets worse. If you go to the EEOC, and the EEOC issues a no-probable cause determination, there is a second statute of limitations that you have to deal with. This statute of limitations is 90 days from the date you receive what is called a notice of right to sue.

You also have independent claims under the New York State Human Rights Law. Under this law, the statue of limitations is 1 year if you go to the New York State Division of Human Rights or a local commission on human rights. If you decide you want to go to court, you have 3 years to bring a claim.

posted by David M. Lira  |  Jan 14, 2005 3:33 PM [EST]

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