Seck v. Information Management Network
697 F. App'x 33
| 2d Cir. | 2017Background
- Plaintiff Abdoulaye Seck, pro se, sued former employer Information Management Network (IMN), parent Euromoney PLC, and four employees for employment discrimination and conspiracy under Title VII, ADA, ADEA, GINA, and 42 U.S.C. §§ 1981 and 1985(3).
- Seck was terminated in July 2007; he did not file suit until 2015.
- The district court sua sponte dismissed Seck’s amended complaint as time-barred under the applicable statutes of limitations and ruled equitable tolling and equitable estoppel did not apply.
- The district court also dismissed Seck’s GINA claim for failure to allege discrimination based on genetic information.
- Seck appealed the timeliness rulings, the equitable exceptions determinations, and the GINA dismissal; the Second Circuit reviewed de novo the statute-of-limitations dismissal and for abuse of discretion the equitable-tolling denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Seck’s discrimination claims are timely | Seck argued discovery of defendants’ discriminatory intent in 2015 meant claims were timely | Defendants argued claims accrued at the discriminatory act (termination in 2007) and are untimely | Court held claims accrued at termination (no later than July 2007); filing in 2015 was untimely |
| Whether equitable tolling applies to excuse delay | Seck argued equitable tolling should apply due to late discovery | Defendants argued Seck failed to show reasonable diligence during the tolling period | Court held equitable tolling not warranted (Seck lacked reasonable diligence) |
| Whether equitable estoppel prevents defendants from asserting statute-of-limitations defense | Seck argued defendants’ conduct prevented him from suing earlier | Defendants argued Seck did not allege conduct that prevented suit | Court held equitable estoppel inapplicable (no facts showing defendants prevented suit) |
| Whether Seck stated a claim under GINA | Seck alleged genetic-discrimination theory tied to his employment actions | Defendants argued complaint did not allege discrimination based on genetic information | Court dismissed GINA claim for failure to allege discrimination on the basis of genetic information |
Key Cases Cited
- Giano v. Goord, 250 F.3d 146 (2d Cir.) (standard for sua sponte dismissal and timeliness review)
- Brown v. Parkchester S. Condos., 287 F.3d 58 (2d Cir.) (statute of limitations for employment claims)
- Morse v. Univ. of Vt., 973 F.2d 122 (2d Cir.) (accrual at time of discriminatory act, not discovery)
- Zerilli-Edelglass v. N.Y.C. Transit Auth., 333 F.3d 74 (2d Cir.) (standard of review for equitable tolling denial)
- Johnson v. Nyak Hosp., 86 F.3d 8 (2d Cir.) (equitable tolling requires reasonable diligence)
- Bennett v. U.S. Lines Inc., 64 F.3d 62 (2d Cir.) (equitable estoppel requires defendant’s conduct that prevented timely suit)
- Chardon v. Fernandez, 454 U.S. 6 (1981) (accrual focus on time of discriminatory act)
- Porter v. Nussle, 534 U.S. 516 (2002) (abrogation context referenced for prior authority)