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Discrimination › Statute of Limitations

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Jackson Lewis P.C.

New York Legislative Update: Freelancer Protections, Discrimination Claims, Settlement Agreements

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New York Governor Kathy Hochul has signed bills enacting the Freelance Isn’t Free Act, extending the statute of limitations to file a lawsuit alleging unlawful discriminatory practices, and barring the inclusion of liquidated...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

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Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

Dickinson Wright

Ohio’s Employment Law Just Got a Huge Employer-Friendly Facelift

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Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed...more

Jackson Lewis P.C.

Ohio Governor Signs Employment Law Uniformity Act Into Law, Establishing Two-Year Limitations Period

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Ohio Governor Mike DeWine has signed the Employment Law Uniformity Act into law. The Act will go into effect April 12, 2021, and applies to all future discrimination claims filed on or after that date. The new Act, which...more

K&L Gates LLP

Florida Shortens Statute of Limitations for Certain Employment Discrimination Claims

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OVERVIEW - Until July 1, 2020, Florida employers had to wait four years for the statute of limitations to expire when an employee filed a charge of discrimination under the Florida Civil Rights Act of 1992 (FCRA) with the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Bill Proposes Three Year Statute of Limitations for Employment Claims

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California Assembly Bill 9 (AB 9), sponsored by Assembly Members Eloise Reyes, Laura Friedman, and Marie Waldron, would expand employee protections related to harassment and discrimination in the workplace. The California...more

Proskauer - California Employment Law

California Employment Law Notes - July 2018

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Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Fisher Phillips

And Now The Bad News: Avalanche of California Bills Continues to Advance

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As we discussed in our last blog post, California employers received some rare good news in recent days.  Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

Seyfarth Shaw LLP

Eleventh Circuit Rules That Stipulated Dismissal Of Named Plaintiffs And Defendant Triggers Putative Class Members’ Deadline To...

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Seyfarth Synopsis: In Love v. Wal-Mart Stores, Inc., No. 15-15260 (11th Cir. Aug. 3, 2017), the U.S. Court of Appeals for the Eleventh Circuit ruled that the deadline for putative class members to appeal the dismissal of...more

Hogan Lovells

Employment News - April 2017 #2

Hogan Lovells on

One for all – no need to prove the reason for group disadvantage for indirect discrimination claim - The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Goodwin

Financial Services Weekly News - February 2017

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Editor's Note - President Trump Signs Executive Order to Reduce Regulation and Control Regulatory Costs. On January 30, President Trump signed an executive order (Executive Order) designed to reduce the regulatory...more

Poyner Spruill LLP

Legislature restores wrongful discharge claim eliminated by HB2

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We previously wrote a short guide for North Carolina employers on the employment law implications of House Bill 2 “HB2”...more

FordHarrison

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

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The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

Jackson Lewis P.C.

New Jersey Supreme Court Bars Enforcement of Shortened Limitations Period for Discrimination Claims

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The New Jersey Supreme Court has overturned an appellate court decision that allowed a shortened limitations period for filing discrimination claims under the New Jersey Law Against Discrimination (“LAD”). Rodriguez v....more

Fisher Phillips

N.J. Employers No Longer Able To Shrink Lawsuit Time Limits - Supreme Court Hands Loss To Employers – But Is There A Hidden...

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The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more

Littler

Employer's Anti-Discrimination Complaint Process May Toll the Statute of Limitations Under the Minnesota Human Rights Act

Littler on

Recently, the Minnesota Court of Appeals, in Peterson v. City of Minneapolis, ruled that a complaint process in an employer’s anti-discrimination policy may toll the statute of limitations under the Minnesota Human Rights Act...more

Littler

Costa Rica's Labor Law Reform: Key Aspects Every Business with Operations in Costa Rica Should Know

Littler on

On January 25, 2016, the Labor Procedure Reform ("Reforma Procesal Laboral" or "RPL") was signed into law and published in the Costa Rica official gazette known as "La Gaceta."  RPL becomes effective on July 25, 2017, and...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Supreme Court questions enforceability of contractual time limits on employees’ rights to sue

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On December 1, 2015, the New Jersey Supreme Court held argument in Sergio Rodriguez v. Raymours Furniture Co. Inc. The primary issue in this appeal is whether a contractual provision contained in an employment application...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

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The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Seyfarth Shaw LLP

Time’s Up! Court Refuses To Equitably Toll Statute Of Limitations In EPA Action

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In a decision worth reading for all class action practitioners, especially those who face Equal Pay Act (“EPA”) issues, Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York denied equitable...more

Moore & Van Allen PLLC

MLB Litigation Brief: 4th Circuit Hostile Work Enviro, Class Action Trends Cause Concern, Low-Wage Non-Competes & More

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Survey Says Increasing Number of Class Actions Most Important Litigation Trend: Norton Rose Fulbright recently released its global 2015 Litigation Trends Annual Survey, which compiles litigation trends and data gathered...more

Parker Poe Adams & Bernstein LLP

Harassing Act Directed at Another Employee Enough to Revive Plaintiff's Time Barred Harassment Claims

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Under Title VII, employees typically must file a charge of discrimination within 180 days (or 300 days in states such as South Carolina with their own EEO enforcement agencies) of the alleged discriminatory act. In its 2002...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

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In order to sue for employment discrimination under Title VII, plaintiffs must first file a charge of discrimination with the Equal Employment Opportunity Commission within a certain time period after the last alleged...more

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Addresses Circuit Split Regarding Accrual of Constructive Discharge Claims

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On July 28, 2014, the Tenth Circuit joined the Seventh and D.C. Circuits in holding that some discriminatory act leading to an employee's constructive discharge claim must have occurred within the limitations period. The...more

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