623 F. App'x 14
2d Cir.2015Background
- Delaney appeals a district court dismissal of his 2nd Amended Complaint alleging discriminatory and retaliatory termination under 42 U.S.C. §1983, NYSHRL, and NYCHRL.
- Each claim is governed by a three-year statute of limitations.
- The limitations period runs from the time of the discriminatory act—here the termination notice.
- Delaney argues he had not definite notice of termination until written notice on April 28, 2010.
- The district court held definite notice occurred on April 7, 2010, when supervisor Dr. Lynn Silver indicated a layoff decision to Delaney.
- Delaney’s claim regarding replacement by a female employee was raised on appeal as a later date, but the court treats it as waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did accrual of the claims occur? | Delaney argues accrual was later (April 28, 2010). | Defendants contend accrual occurred on April 7, 2010. | Accrual on April 7, 2010. |
| Whether the sex-discrimination claim accrual differs due to replacement by a female employee. | Delaney argues knowledge of replacement occurred May 24, 2010. | Argument raised only on appeal; not argued below. | Issue waived; accrual applies to time-bar analysis. |
Key Cases Cited
- Pearl v. City of Long Beach, 296 F.3d 76 (2d Cir. 2002) (three-year limitations for §1983/related claims in NY)
- Lightfoot v. Union Carbide Corp., 110 F.3d 898 (2d Cir. 1997) (three-year statute for NYSHRL claims)
- Miller v. Int’l Tel. & Tel. Corp., 755 F.2d 20 (2d Cir. 1985) (definite notice when told of termination; not contingent on later action)
- Economu v. Borg-Warner Corp., 829 F.2d 311 (2d Cir. 1987) (definite notice established when official position made apparent)
- Chardon v. Fernandez, 454 U.S. 6 (1981) (accrual rule for discrimination claims; timing of notice)
- Delaware State Coll. v. Ricks, 449 U.S. 250 (1980) (concept of when an official position is established)