In this action to recover damages for alleged employment discrimination on the basis of disability in violation of the New York State Human Rights Law and the New York City Human Rights Law, Supreme Court granted the Employer's [Defendant] motion to dismiss the Plaintiff's complaint. Plaintiff appealed the Supreme Court's decision.
The Appellate Division, noting that:
1. Actions alleging discrimination under the NYSHRL and NYCHRL must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment; and
2. An employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the plaintiff.
Plaintiff failing to establish his entitlement to a disabled veteran's credit started the running of the applicable statute of limitations.
Plaintiff's written request seeking administrative reconsideration of Defendant's decision to withdraw the Plaintiff's disabled veteran's credit did not toll the statute of limitations, nor did it allow the Plaintiff to circumvent the statute of limitations by demanding that the Defendant change its determination and thereafter commencing an action when that demand was refused. Indeed, the Appellate Division's decision points out the Plaintiff commenced the instant action almost five years after Defendant notified the Plaintiff that he was ineligible for a disabled veteran's credit.
In the words of the Appellate Division: "Supreme Court properly granted the [Defendant's] motion pursuant to CPLR 3211(a) to dismiss the complaint and dismissed Plaintiff's appeal of the Supreme Court's decision.
Click HERE to access the Appellate Division's decision posted on the Internet.