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May 03, 2023

The Continuing Violation Doctrine does not apply in situations involving different discrete events of alleged unlawful discrimination by different actors

New York State Supreme Court granted the New York City Department of Education's motion for summary judgment dismissing Plaintiff's claims alleging she has suffered unlawful discrimination because of her disability within the meaning of the New York State and New York City Human Rights Laws. The Appellate Division unanimously affirmed Supreme Court's judgment, without costs.

Plaintiff's claims, said the Appellate Division, were time-barred, as they arose from alleged conduct occurring more than one year before the commencement of this action, citing Campbell v New York City Dept. of Educ., 200 AD3d 488.

Although Plaintiff had contended that the acts of unlawful discrimination she had alleged were in the nature of a continuing violation and thus were not "time-barred", the Appellate Division opined that the Continuing Violation Doctrine did not apply here because Plaintiff's complaint did not allege facts comprising "a single continuing pattern of unlawful conduct" but, rather, alleged "discrete events, involving different actors." 

The U.S. Supreme Court addressed the continuing violation doctrine with respect to alleged acts unlawful discrimination in a workplace situation in National Railroad Passenger Corp. v. Morgan, 122 S. Ct. 206.   

In Morgan, the court, by a 5 to 4 vote, concluded that "a Title VII plaintiff raising claims of discrete discriminatory or retaliatory acts must file his charge within the appropriate time period — 180 or 300 days — set forth in 42 U. S. C. §2000e-5(e)(l). A charge alleging a hostile work environment claim, however, will not be time barred so long as all acts which constitute the claim are part of the same unlawful employment practice and at least one act falls within the time period. Neither holding, however, precludes a court from applying equitable doctrines that may toll or limit the time period."

Click HERE to access the Appellate Division's decision posted on the Internet.

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