what is the status of limitations in a retaliation siut in the federal court.The defendant in a civil suite charged that the Status to file the case ran out.The judge ruled against them.Now at the end of the discoveries and with the staggering number of evidence against their client, the defendant attorney filed another motion for dismissal based on status again.What constitute this and how do i respond this time.1 answer | asked Jun 10, 2005 6:49 PM [EST] in Employment Law | applies to New York
This is a very technical and very dry subject. It is also extremely confusing. It is so confusing that it is one of the best arguments around for hiring an attorney to help with any type of retaliation claim.
A claim of retaliation in employment can fall under any number of different statutes. In the case of TItle VII claims, you are talking about two statutes of limiations on any particular claim.
The shortest statute of limitations is 90 days, for the filing of a federal court complaint after the EEOC has issued a right to sue letter.
The next shortest statute of limitations, in a claim arising in New York State, is 300 days to file a charge with teh EEOC under Title VII. However, there is a very tricky quirk under this law, which sometimes effectively reduces the statute of limitations to 240 days.
Title VII retaliation claims are also likely to be covered under the New York State Human Rights Law. Although you can sue under both laws at once, the Human Rights Law has a different statute of limiataions. That law has a one year or three year statute of limitations, depending on how the claim is handled.
Certain retaliation claims might be brought under the Civil Rights Act of 1874. That law, in New York, but not necessarily in other states, has a three years statute of limitations.
Now, you can have retaliation claims under the Fair Labor Standards Act, the Family Medical Leave Act, and the Employee Retirement Income Security Act. These laws use a two year statute of limitations.
Do you want more confusion. Let's start talking about when the statute of limitations starts to run, when you have done what is needed to be within the statute of limitations, and when a statute of limitations can be extended under special circumstances . . . . . .
posted by David M. Lira | Jun 10, 2005 8:03 PM [EST]