In the recently filed case Dacier v. Reardon, Case Number: 1:17-CV-418, a “non-Hispanic” senior investigator in the Division of Wage Protection and Immigrant Services, Dacier, brought suit against the commissioner of the New York State Department of Labor (“DOL”), claiming he wasn’t hired for a position because of his race. Plaintiff Dacier applied for the position of “state monitor advocate” in 2010, 2012, and 2016, however he alleges he met all required qualifications for this position, but “[e]ach time the position became vacant in 2010, 2012, and 2016 [DOL] filled the position with Hispanic female candidates who had far fewer years of qualifying experience than the plaintiff.” As such, Plaintiff Dacier claims that these hiring decisions constitute an “unlawfully discriminatory hiring pattern.”
The court found Plaintiff Dacier established his initial burden by showing that each year a Hispanic woman with less experience received a position he applied for, and that no non-Hispanic men were promoted to “senior management positions between 2010 and 2017. However, the 2010 and 2012 claims were time barred.
There is an important lesson to be learned from the Dacier v. Reardon case on what is called “statutes of limitation.” Statutes of limitation are laws by legislative bodies that set the maximum time after an event within which legal proceedings may be initiated. If a plaintiff files after the statutes of limitation on a particular law runs, then that plaintiff may not file his or her case under that law in court.
In employment law, there are many different laws at play at the federal, state, and local level, and each separate law has its own particular limitation on time to file the case. Moreover, it gets even more complicated because each state or local government may have its own different statutes of limitation. As such, it is extremely important to speak to a knowledgeable employment attorney in your area. For instance, to file certain discrimination claims under federal law like Title VII of the Civil Rights Act, in many states, you must file with the EEOC within 300 days of the wrongful comments or conduct.
If you feel like you’ve been discriminated against on the basis of your race, color, religion, sex, gender identity, sexual orientation, pregnancy, pregnancy-related status, national origin, age, disability, genetic information, or marital status, or if you believe that your employer engaged in illegal employment practices, consult with an experienced Derek Smith Law Group, PLLC attorney. Our attorneys have years of experience litigating claims of discrimination, sexual harassment, and employee’s rights in the workplace. With offices in New York City, Philadelphia, and Miami, we have recovered millions on behalf of our clients who were subject to unlawful employment practices. Let us stand up for you and your rights when it counts. If you need an attorney in New York, New Jersey, Pennsylvania, or Florida, please give our attorneys a call, tollfree at (800) 807-2209, for your free consultation.
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