Friday, May 20, 2016

Statute of limitations on a hostile work environment claim.

Practice point:  While a cause of action alleging discrimination on the basis of discrete adverse employment actions is timely only to the extent that the adverse employment actions took place within the statute of limitations period, a cause of action alleging hostile work environment is timely so long as one act contributing to the cause of action occurred within the statute of limitations period.

Student note:  Causes of action alleging violations of Executive Law § 296 are governed by a three-year statute of limitations, pursuant to CPLR 214[2].

Case:  Cahill v. State of N.Y. Stony Brook Univ. Hosp., NY Slip Op 03695 (2d Dep't May 11, 2016)

Here is the decision.

Monday's issue:  CPLR 5015 and vacating a default.