42 U.S.C. § 2000e-5
Enforcement provisions: the cases that interpreted this section
21,822 citing cases reviewed of 29,359 in the citation index: 12,143 interpreted the section (annotated below), 9,679 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 2000e-5?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
EEOC charge deadlines and continuing violations
Section 2000e-5(e)(1) gives a plaintiff 300 days after the alleged unlawful conduct to file an EEOC charge.
Mulero v. Connecticut · filed 2008-08-18(e)(1)
It is true that a plaintiff has three hundred days after the unlawful conduct occurs to file a charge with the EEOC.Read the full opinion on CourtListener →
The 300-day period for filing an EEO charge begins when the claimant reasonably suspects discrimination.
Na'Im v. Rice · filed 2008-09-22(e)(1)
The 300-day period for filing an EEO charge starts to run when the plaintiff “has reasonable suspicion that [s]he has been the victim of discrimination.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) starts the 300-day period for filing a failure-to-promote charge when the employer fills the position.
Kornegay v. AT & T · filed 2008-09-29(e)(1)
Because “[e]ach discrete discriminatory act starts a new clock for filing charges alleging that act,” ... Mr. Kornegay’s 300 day filing period began to run on May 15, 1995, the date AT & T filled the open position with another employee. It expired by March 10, 1996, well before Mr. Kornegay filed his formal discrimination charge against AT & T.Read the full opinion on CourtListener →
A failure-to-promote claim must involve a promotion denial within 300 days before the employee filed a CHRO charge.
Byra-Grzegorczyk v. Bristol-Myers Squibb Co. · filed 2008-08-20(e)(1)
Thus, in order to make out a failure to promote claim, Plaintiffs would need to show that at least one incident in which they applied for and were denied a promotion occurred within the 300-day period prior to the filing of their CHRO complaints. They have failed to do so.Read the full opinion on CourtListener →
Section 2000e-5(f)(1) gives a plaintiff ninety days to file suit after receiving a right-to-sue notice.
Corbin v. United Airlines · filed 2008-09-08(f)(1)
The district court properly dismissed Corbin’s action as time-barred because she filed her complaint after the ninety-day period within which to file suit.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) extends the charge-filing period to 300 days when a plaintiff files with the corresponding state agency.
Abrams v. American Airlines Inc. · filed 2008-11-06(e)(1)
If, as here, the plaintiff instead files with the corresponding state agency, the limitations period extends to 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e) allows a court to consider the entire period of a hostile work environment if an act contributing to the claim occurred within the 300-day filing period.
Smith v. Cingular Wireless · filed 2008-11-10(e)
Under Title VII, when a plaintiff files an administrative complaint with a state agency like the CHRO, the plaintiff must file that complaint within 300 days after an unlawful employment practice occurs. 42 U.S.C. § 2000e-5(e). As applied to a hostile work environment claim, however, this does not mean that all hostilities need to take place within the 300-day period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed within 300 days of the alleged discriminatory act; a later discharge that is merely its consequence does not restart the period.
Alleyne v. American Airlines, Inc. · filed 2008-11-17(e)(1)
The issue before this Court is whether Alleyne’s complaint with the EEOC was filed within 300 days of American Airlines’ “alleged unlawful employment practice,” as required under 42 U.S.C. § 2000e-5(e)(l). ... We hold that Alleyne’s filing with the EEOC was not timely because the only alleged discriminatory act was Alleyne’s loss of seniority.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge of discrimination to be filed with the EEOC within 300 days after the claimant learns of the discriminatory conduct.
Washington v. Weaver · filed 2008-11-20(e)(1)
In any case, Washington failed to file a charge of discrimination with the EEOC within 300 days after learning of any discriminatory conduct; accordingly, his claims would be prescribed. Huckabay v. Moore, 142 F.3d 233, 238 (5th Cir. 1998) (citing 42 U.S.C. § 2000e-5(e)(1)).Read the full opinion on CourtListener →
Section 2000e-5(e) does not prevent the EEOC from seeking monetary damages for individuals who failed to file timely charges.
Equal Employment Opportunity Commission v. Ceisel Masonry, Inc. · filed 2009-01-23(e)
The failure of individual class members to file timely charges of harassment does not prevent the EEOC from seeking monetary damages on their behalf.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely discrimination charge; when the 300-day filing period applies, acts outside that period cannot support a Title VII claim.
Muñoz v. Board of Trustees of the University of the District of Columbia · filed 2008-12-03(e)(1)
Thus, the unlawful employment practices of which plaintiff complains must have occurred no earlier than April 20, 2006; that is, within 300 days of her February 14, 2007 EEOC filing. ... Accordingly, plaintiffs Title VII claims must be dismissed as time barred.Read the full opinion on CourtListener →
Section 2000e-5(e) sets the time limit for bringing Title VII discrimination claims.
Gamez-Morales v. Pacific Northwest Renal Services, LLC · filed 2008-12-22(e)
The record also supports the district court’s determination that Gamez-Morales failed to bring her gender discrimination claims within the applicable statute of limitations prescribed by 42 U.S.C. § 2000e-5(e) and Or. Admin. R. 839-003-0025.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a Title VII claimant 300 days to file a charge when the claimant first files with a local agency.
Youssef v. Anvil International · filed 2009-01-22(e)(1)
• Title VII: 300 days from the unlawful practice (since Plaintiff first filed with a local agency); therefore Plaintiff may rely on acts occurring on or after November 16, 2004 (300 days prior to LCHRC filing).Read the full opinion on CourtListener →
In a state with a fair employment agency, an EEOC charge must be filed within 300 days of the alleged discrimination or within 30 days of notice that state proceedings have ended, whichever comes first.
Butts v. Nyc Dept. of Housing Preservation & Development · filed 2009-01-28(e)(1)
In a state with a fair employment agency, a charge must be filed with ... the Equal Employment Opportunity Commission within 300 days of the alleged discrimination or within 30 days of notice of termination of state proceedings, whichever comes first. ... Upon review of the district court’s well-reasoned opinion, we find that Appellant’s claims challenging the appointments of Nissim Baruch and Kamal Bherwani were untimely under Title VII and the ADEA.Read the full opinion on CourtListener →
Section 2000e-5(e) treats each payment affected by a discriminatory compensation decision as a new unlawful employment practice for filing purposes.
Bush v. Orange County Corrections Department · filed 2009-02-02(e)
The Act amends Title VII — specifically, 42 U.S.C. § 2000e-5(e) — by adding the following provision: ... Thus, while OCCD’s untimeliness argument was valid prior to last week, with the passage of the Act Plaintiffs’ Title VII claims are no longer administratively barred.Read the full opinion on CourtListener →
In a state with its own antidiscrimination law and enforcement agency, a Title VII charge must be filed within 300 days of the alleged discriminatory act.
O'Hazo v. Bristol-Burlington Health District · filed 2009-02-12(e)(1)
The filing deadline for Title VII and ADEA claims is extended to 300 days, however, in those states or localities that have their own anti-discrimination laws and an agency to enforce those laws.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) makes a hostile work environment claim timely if filed within 300 days of any act contributing to that environment.
Barrett v. Whirlpool Corp. · filed 2009-02-23(e)(1)
A claim under Title VII is timely if filed within 300 days of any single act contributing to the hostile work environment. ... Barrett’s claims were untimely for Title VII purposes because she did not allege any specific incident of harassment or retaliation within the limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII administrative charge within the applicable 180- or 300-day period after the claimant reasonably suspects discrimination.
Johnson v. Holder · filed 2009-02-23(e)(1)
An administrative charge for a Title VII claim is considered timely if it is filed with the EEOC within 180 days or with the OHR within 300 days of developing a reasonable suspicion of the alleged harm. See 42 U.S.C. § 2000e-5(e)(1). ... Because the plaintiff had a reasonable suspicion as early as 1998 of the alleged discrimination actions against him, the filing of an administrative complaint with the EEOC in August 2003 was untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII administrative charge within the applicable 180- or 300-day period after the claimant reasonably suspects discrimination.
Johnson v. Ashcroft · filed 2009-02-23(e)(1)
An administrative charge for a Title VII claim is considered timely if it is filed with the EEOC within 180 days or with the OHR within 300 days of developing a reasonable suspicion of the alleged harm. See 42 U.S.C. § 2000e-5(e)(1). ... Because the plaintiff had a reasonable suspicion as early as 1998 of the alleged discrimination actions against him, the filing of an administrative complaint with the EEOC in August 2003 was untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely administrative charge before a Title VII suit; an ongoing violation may allow otherwise untimely acts to be considered.
Mullins v. Department of Labor · filed 2009-03-09(e)(1)
Therefore, taking plaintiffs allegations as true — as we must at this stage — plaintiffs have successfully exhausted the administrative prerequisites and have plead a “continuing violation” for otherwise time-barred acts. Accordingly, defendants’ request for dismissal of plaintiffs Title VII claims is denied.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a claimant who has filed with a state or local agency to file an EEOC charge within 300 days of the alleged discriminatory act.
Flynn v. New York State Division of Parole · filed 2009-03-06(e)(1)
Under Title VII, a claimant who has already filed a charge with a state or local agency must file discrimination charges with the EEOC within 300 days of the alleged act of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of an alleged discrete act of discrimination or retaliation.
Dauer v. Verizon Communications Inc. · filed 2009-03-17(e)(1)
To recover under Title VII for an alleged act of disparate treatment or retaliation, a plaintiff must file a charge with the EEOC within 300 days after the day the alleged act happened. ... Therefore, Plaintiffs may recover under Title VII with respect to discrete discriminatory or retaliatory acts that occurred after June 4, 2000.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII discrimination charge to be filed with the EEOC within 300 days after the alleged unlawful employment practice.
Patterson v. FedEx Ground Package System, Inc. · filed 2009-03-24(e)(1)
The new claims sought to be filed by Patterson under the above-cited federal statutes are timed barred. An individual claiming discrimination in violation of Title VII must file a charge of discrimination with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(l).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) imposes a 300-day EEOC charge-filing deadline on ADA employment-discrimination claims.
Lee v. City of Syracuse · filed 2009-03-25(e)(1)
ADA Title I claims are time-barred if a plaintiff does not “file a charge with the EEOC within 300 days after ‘the alleged unlawful employment practice.’ ” ... The remainder of plaintiffs claims regarding conduct that could qualify as disability discrimination fall outside the time allowed to recover for discrete acts of discrimination, and accordingly are not cognizable.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days when the claimant did not first file the charge with a state agency; earlier withdrawn state charges do not extend the deadline for a later claim.
Nyenhuis v. Metropolitan District Commission · filed 2009-03-17(e)(1)
With respect to the instant action, Nyenhuis did not file a new charge with the CHRO. Because she did not, her time limit for filing was 180 days from the last discriminatory act. ... Therefore, her Title VII claims are time-barred.Read the full opinion on CourtListener →
In Pennsylvania, a Title VII claimant must file an EEOC charge within 300 days of the challenged employment practice.
Mikula v. Allegheny County · filed 2009-03-24(e)(1)
Title VII requires a claimant in Pennsylvania to file a charge with the EEOC within 300 days of the allegedly unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge after an adverse employment action when the plaintiff has initiated proceedings with an authorized state or local agency.
Spell v. Connecticut, Office of Chief State's Attorney · filed 2009-03-17(e)(1)
The plaintiff has 300 days from the occurrence of the adverse employment action to file a complaint with the EEOC if he has “instituted proceedings with a State or local agency with authority to grant or seek relief from [a discriminatory employment] practice or to institute criminal proceedings with respect thereto.” ... Acts with respect to applications submitted in 2000 or 2001 were more than 300 days old, and claims based on such acts are thus time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge within 300 days of the alleged conduct; earlier acts are time-barred.
Evans v. Wilkinson · filed 2009-03-23(e)(1)
First, Plaintiff was required to file a charge of discrimination within 300 days of the alleged violative conduct. 29 U.S.C. § 626(d)(1) (ADEA); 42 U.S.C. § 2000e-5(e)(1) (Title VII). ... Because Plaintiff filed her charge of discrimination with the MCHR on February 6, 2007, the Court may consider only those alleged acts of discrimination that occurred after April 12, 2006 as the acts occurring before that date are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days; discrete employment acts must be challenged separately and cannot establish a hostile work environment.
Freeman v. City of Riverdale · filed 2009-06-01(e)(1)
Title VII requires employees to file a charge with the EEOC within 180 days of the alleged unlawful employment activity. 42 U.S.C. § 2000e-5(e)(1). ... Freeman cannot establish a hostile work environment by reference to his 2001 or 2003 terminations, his assignment to janitorial tasks upon reinstatement, or the denial of his requests for training, because they were discrete acts that were required to be challenged separately.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an administrative charge in a deferral jurisdiction such as Puerto Rico.
Ayala-Gonzalez v. Toledo Dávila · filed 2009-03-31(e)(1)
Because Puerto Rico’s Anti Discrimination Unit is a deferred EEOC jurisdiction since February 1984, we cannot utilize the term of one hundred eighty days and must use the term to file a charge at the EEOC of three hundred days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days and extends the filing period to 300 days when state or local proceedings were instituted first.
Gordon v. District of Columbia · filed 2009-03-31(e)(1)
Plaintiff did not file her complaint with the DCOHR first, so the 300-day extended limitations period is inapplicable. Therefore, plaintiffs claims under the ADA are limited to the 180-day period from October 18, 2002 to April 18, 2003; all other claims are time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant in Illinois 300 days after each discrete discriminatory act to file an EEOC charge.
Mirza v. the Neiman Marcus Group, Inc. · filed 2009-05-06(e)(1)
In summary, and in accordance with Supreme Court and Seventh Circuit holdings in this realm, each discrete act of alleged discrimination by Neiman Marcus against Plaintiff started a 300-day limitations period for Plaintiff in which to file a charge with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(3)(A) allows the effect of an earlier discriminatory compensation decision to count in the filing deadline analysis when it affects later pay.
Harris v. City of Fresno · filed 2009-05-26(e)(3)(A)
Now, as a result of the Act, for purposes of claims of discrimination in compensation, the ill effect of a prior discriminatory compensation decision or practice can be considered in the statute of limitations analysis.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 180 or 300 days after the alleged unlawful employment practice.
Huff v. Board of Governors of the University of North Carolina · filed 2009-06-12(e)(1)
The statute requires a plaintiff to file her charge of discrimination with the EEOC within the appropriate 180- or 300-day period after an “alleged unlawful employment practice” occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(3)(A) starts a new EEOC charge period each time an employee receives discriminatory pay.
Johnson v. Portfolio Recovery Associates, LLC · filed 2009-06-12(e)(3)(A)
The FPA triggers anew the 300 day clock for filing a Title VII discriminatory compensation claim with each discriminatory pay period.Read the full opinion on CourtListener →
An EEOC charge may relate back to an earlier intake questionnaire for filing deadline purposes to the extent the charge includes claims asserted in the questionnaire.
Donnelly v. St. John's Mercy Medical Center · filed 2009-06-19(e)(1)
For purposes of the instant motion, the Court concludes that plaintiff's Charge of Discrimination relates back to the date of her Intake Questionnaire, to the extent the claims in the Charge were also asserted in the Intake Questionnaire. As a result, the appropriate date for timeliness purposes is October 18, 2007.Read the full opinion on CourtListener →
A claimant who has filed with a state equal employment agency must file an EEOC charge within 300 days of the alleged discriminatory action.
Peralta v. Rockefeller University · filed 2009-06-23(e)(1)
When, as here, a claimant has already filed a charge with a state equal employment agency, Title VII requires that an EEOC charge be filed within 300 days of the alleged discriminatory action. ... In December 2002, more than 300 days after Peralta was terminated, he filed a second charge with the EEOC, which was untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful employment practice in a state with a fair employment agency; an appeal of a termination does not delay the filing period.
Arias-Mieses v. CSX Transportation, Inc. · filed 2009-06-24(e)(1)
Arias-Mieses had 300 days to file his administrative complaint after the “alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). ... Therefore, for the purposes of this case the limitations period commenced to run on July 9, 2007.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an EEOC charge to be filed within 300 days of the alleged discrimination in a state with a fair employment agency.
United States v. City of New York · filed 2009-07-02(e)
“An employment discrimination claim must be filed with the EEOC within 300 days of the alleged discrimination in a state, like New York, with a fair employment agency.” ... Oliskovicz filed her charge on March 6, 2002; therefore, any acts prior to May 10, 2001 are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the alleged discriminatory act.
Awofala v. Central Parking System of Virginia, Inc. · filed 2009-07-02(e)(1)
Therefore any alleged discrimination that occurred before April 20, 2005 falls outside the statute of limitations. Thus, the plaintiffs claims for failure to promote in 2001 and 2003 are barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires an EEOC charge within 180 days of an unlawful employment practice, or within 300 days if the complainant files with an authorized state employment entity.
Bragg v. Office of the District Attorney, Thirteenth Judicial District · filed 2009-07-16(e)(1)
Typically, a plaintiff must file a charge of discrimination with the EEOC within either 180 or 300 days of the occurrence of “unlawful employment practice.”Read the full opinion on CourtListener →
Section 2000e-5(e)’s 300-day deadline for filing an EEOC charge applies to ADA claims through § 12117.
Martin v. Lennox International Inc. · filed 2009-07-16(e)
“Under the ADA, a plaintiff must file a charge of discrimination within 300 days of the alleged discriminatory act.” Ramirez v. City of San Antonio, 312 F.3d 178, 181 (5th Cir. 2002); see also 42 U.S.C. § 12117 (incorporating 42 U.S.C. § 2000e-5(e)). ... Martin’s EEOC charge was untimely with respect to this claim because it was filed in September 2006, more than 300 days after Martin was allegedly refused the mechanic position and Carter was hired.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the allegedly discriminatory employment practice.
Moncrief v. New York Public Library · filed 2009-07-21(e)(1)
To state a timely Title VII claim, a plaintiff must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the allegedly discriminatory employment practice. 42 U.S.C. § 2000e-5(e)(l). The most recent date upon which Moncrief was denied a promotion was April 2002, and she filed her EEOC charge in May 2004, more than two years later. Therefore, this claim was time-barred, and the district court correctly dismissed it.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a plaintiff to file an EEOC charge within 300 days of the allegedly discriminatory act; a timely similar claim does not revive older failure-to-promote claims.
Awofala v. Carell · filed 2009-07-02(e)(1)
In order to fulfill this requirement, a plaintiff must file an EEOC charge within 300 days of the allegedly discriminatory action.Read the full opinion on CourtListener →
Section 2000e-5(e)(3) starts a new charge-filing period each time an employee receives pay resulting from a discriminatory compensation decision or practice.
Johnson v. District of Columbia · filed 2009-07-14(e)(3)
In other words, each paycheck resulting from the original “discriminatory compensation decision or other practice” triggers a new filing period, in effect reviving a claim that otherwise would have been time-barred because of a failure to exhaust administrative remedies within 180 days of the original discriminatory compensation decision or practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge; later filings that add a new discrimination claim cannot make that claim timely.
Beckham v. National Railroad Passenger Corporation · filed 2009-07-21(e)(1)
The Court finds that Ms. Beckham’s subsequent EEOC filings do more than “clarify and amplify” her allegations in the Charge Questionnaire; they expand the scope of her allegations by adding crucial facts not found in the Charge Questionnaire. Accordingly, they do not constitute amendments to the allegations in the Charge Questionnaire but rather new allegations. Because these subsequent allegations were not timely filed with the EEOC, Ms. Beckham cannot raise them here.Read the full opinion on CourtListener →
In Georgia, a Title VII plaintiff must file a discrimination charge within 180 days after the alleged act of discrimination.
Ahmed v. Board of Regents of the University System of Georgia · filed 2009-07-30(e)(1)
In Georgia, a plaintiff must file a charge of discrimination within 180 days after the alleged act of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely EEOC charge before a Title VII suit, and a fax confirmation can create a factual dispute about whether the charge was timely received.
Laouini v. CLM Freight Lines, Inc. · filed 2009-08-20(e)(1)
Although fax confirmations may not always be conclusive proof of receipt, we believe that in this case — where it was not the plaintiff who had to prove receipt, but the defendant who had to prove the absence of receipt — the fax confirmation creates a factual dispute sufficient to preclude summary judgment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a charge when it is initially filed with a state agency that enforces antidiscrimination laws; acts outside that period cannot serve as bases for liability.
Guerrero v. Hawaii · filed 2009-08-24(e)(1)
Here, Plaintiff filed his EEOC/HCRC charge on April 21, 2008, and therefore the limitations period begins from June 27, 2007. Accordingly, Plaintiff may not rely on any incidents that occurred prior to June 27, 2007, as adverse actions to prove discrimination or retaliation or as bases for liability.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 300 days of the alleged unlawful practice when the complainant has first pursued a charge with a qualifying state agency.
Davenport v. Board of Trustees of the State Center Community College District · filed 2009-08-25(e)(1)
In California, a plaintiff who first files charges with the California Department of Fair Employment and Housing (“DFEH”) must file the charge with the EEOC within 300 days of the alleged unlawful practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day period for filing a charge of discriminatory termination begins when the employer notifies the employee of the termination decision.
Hutson v. Wells Dairy, Inc. · filed 2009-08-27(e)(1)
Once Hutson was notified by her supervisor of the decision to terminate her employment, the 300-day clock for filing a charge started to run. Because Hutson did not file with the EEOC until September 27, 2007 — 303 days after the alleged discriminatory termination occurred — her charge was untimely.Read the full opinion on CourtListener →
An employer’s failure to answer a request for a raise qualifies as a compensation decision under the paycheck accrual rule.
Mikula v. Allegheny County of Pa. · filed 2009-09-10(e)(3)(A)
Despite our earlier decision, we now hold that the failure to answer a request for a raise qualifies as a compensation decision because the result is the same as if the request had been explicitly denied.Read the full opinion on CourtListener →
Each paycheck affected by a discriminatory compensation decision is a separate unlawful employment practice, even if the decision predates the charge-filing period.
Schengrund v. Pennsylvania State University · filed 2009-09-30(e)(3)(A)
Accordingly, if Plaintiffs demonstrate that their wages were the result of a discriminatory decision to pay them less money than their male coworkers, they may recover for each and every paycheck received from the present dating back to 300 days prior to the filing of their action with the EEOC (June 18, 2004), and they do not need to show that the discriminatory decision to pay them less occurred within this period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days; effective intervening remedial action can prevent earlier harassment from being treated as part of a continuing violation.
Stewart v. Mississippi Transportation Commission · filed 2009-10-21(e)(1)
Because MDOT’s prompt remedial action in 2004 was an intervening action under Morgan, Stewart may not rely on the continuing violation doctrine to hold MDC liable for any pre-October 2004 harassment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a timely hostile work environment charge to encompass related earlier harassment when an act contributing to that environment occurred within the filing period.
Everson v. City of Madison · filed 2009-12-10(e)(1)
In this case, because the alleged incidents in 2005 “contributed] to th[e] hostile environment,” plaintiff may rely on “behavior alleged outside the statutory time period” to establish liability.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant 300 days from the discriminatory act to file an EEOC charge when the 300-day deadline applies.
Watson v. Las Vegas Valley Water District · filed 2009-10-30(e)(1)
From the date of the discriminatory act, ... Watson had 300 days to file an administrative charge with the Equal Employment Opportunity Commission (“EEOC”). 42 U.S.C. § 2000e-5(e)(l). Watson did not file an intake form with the EEOC until August 11, 2004, two days after the deadline.Read the full opinion on CourtListener →
A Title VII plaintiff in Texas must file an EEOC charge within 300 days after learning of the alleged unlawful employment practice.
Allen v. County of Galveston Texas · filed 2009-11-06(e)(1)
A Title VII plaintiff in Texas must file a charge of discrimination with the EEOC within 300 days after learning of the unlawful employment practice that is alleged.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on employment actions that occurred more than 300 days before an EEOC charge was filed.
O'NEAL v. City of Chicago · filed 2009-11-17(e)(1)
As a threshold matter, O’Neal may sue the CPD only for the last two transfers, to Vice Control in November 2006 and to the Third District in June 2007. The earlier eight reassignments are time-barred because they predate O’Neal’s EEOC charge by more than three hundred days.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant in New York to file an EEOC charge within 300 days of the alleged unlawful practice; lack of notice alone does not justify equitable tolling.
Mazurkiewicz v. New York City Health and Hospitals Corp. · filed 2009-12-16(e)
For a Title VII claim arising in New York to be timely, a plaintiff must file the charge with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the allegedly unlawful employment practice. See 42 U.S.C. § 2000e-5(e); Quinn v. Green Tree Credit Corp, 159 F.3d 759, 765 (2d Cir. 1998). ... It is undisputed that Mazurkiewicz failed to timely file a charge with the EEOC. Moreover, his claim that he was not adequately informed about the need to do so is not sufficient to permit equitable tolling.Read the full opinion on CourtListener →
In a deferral state, § 2000e-5(e)(1) requires an EEOC charge within 300 days of an offending act.
Pelnarsh v. R.R. Donnelley & Sons Co. · filed 2009-10-21(e)(1)
Illinois is a deferral state, so Pelnarsh was required to file a charge of discrimination with the EEOC within 300 days of some offending conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an employee 300 days to file a discrimination charge with a state agency after an alleged unlawful employment practice.
Thornton v. United Parcel Service, Inc. · filed 2009-11-12(e)(1)
Accordingly, the district court correctly held that Mr. Thornton could only pursue his action with respect to alleged acts of discrimination that occurred in the 300-day window preceding his 2001 MCAD charge.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) limits claims to employment practices that occurred within 300 days before the discrimination charge was filed.
Bevill v. Home Depot U.S.A., Inc. · filed 2009-12-30(e)(1)
Only the promotion decisions made within three hundred days of Bevill’s complaint of discrimination are considered under the ADA.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits related incidents to be treated as a single continuing practice for filing purposes.
Lopez v. Kempthorne · filed 2010-01-14(e)(1)
Plaintiff has failed to show a continuing violation because she has not shown that all the separate actions alleged by her are related, so as to constitute a single “practice” for purposes of 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
In New York, § 2000e-5(e)(1) requires a discrimination charge to be filed within 300 days of the alleged unlawful employment practice.
St. Louis v. New York City Health & Hospital Corp. · filed 2010-02-01(e)(1)
As Plaintiff filed her complaint with the NYSDHR on January 7, 2003, any alleged discriminatory or harassing conduct must have occurred after March 13, 2002 to be properly considered under Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant who initially files with a state agency to file an EEOC charge within 300 days of the alleged discriminatory act.
Kaur v. New York City Health and Hospitals Corp. · filed 2010-02-19(e)(1)
Therefore, Title VII requires that Plaintiffs claim have been filed with the EEOC within three hundred days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives claimants in a deferral jurisdiction 300 days after an alleged unlawful employment practice to file an EEOC charge.
Rodriguez-Torres v. GOVERNMENT DEVELOPMENT BANK · filed 2010-02-23(e)(1)
Since Puerto Rico is a deferral jurisdiction, Plaintiffs had to file the charge of discrimination with the EEOC within 300 days after the alleged unlawful employment practice occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows earlier acts of harassment to be considered in a hostile work environment claim when at least one contributing act occurred within the charge-filing period.
Turner v. the Saloon, Ltd. · filed 2010-02-08(e)(1)
Under Morgan, then, the district court should have asked whether any of Lake’s alleged acts of sexual harassment occurred within the statutory time period; it is undisputed that her August 2004 suggestive comment fell within that window.Read the full opinion on CourtListener →
Section 2000e-5 requires a Title VII claimant to file an EEOC charge within 300 days of the alleged discriminatory act or lose the claim.
Missick v. City of New York · filed 2010-03-22(e)(1)
Pursuant to Title VII, the ADEA and the ADA, a claimant is required to file a charge of discrimination with the EEOC within 300 days of the alleged discriminatory or retaliatory act. 42 U.S.C. § 2000e-5(c); 29 U.S.C. § 626(d)(1)(B); 42 U.S.C. § 12117. Failure to do so operates as a statute of limitations precluding further relief. ... As relevant here, Missick’s claims of Defendants’ misconduct prior to June 11, 2005 are time-barred, specifically precluding Missick’s claim that Buszko denied her a recommendation for the Aspiring Principal’s Program in 2004.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a New York plaintiff to file an EEOC charge within 300 days of the discriminatory conduct.
Martin v. State University of New York · filed 2010-03-26(e)(1)
Under Title VII, a New York plaintiff must file an EEOC charge within 300 days of the discriminatory conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a nonfederal Title VII claimant to file a discrimination charge within 180 days, extended to 300 days when a worksharing agreement exists with a local fair employment agency.
Carty v. District of Columbia · filed 2010-03-29(e)(1)
When a worksharing agreement exists between the EEOC and a local fair employment practices agency, such as exists between the EEOC and the DCOHR, however, that time period is extended to 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge in New York to be filed within 300 days of the alleged unlawful employment practice.
Cortes v. City of New York · filed 2010-03-30(e)(1)
Plaintiffs Title VII claims that are premised on discrete acts of alleged discrimination or retaliation that occurred prior to January 13, 2007 (ie., more than 300 days prior to the filing of his November 9, 2007, Charge of Discrimination with the EEOC), are time-barred under this standard.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII charge in New York to be filed within 300 days of the alleged discrimination; earlier acts may remain part of a timely hostile work environment claim.
Hall v. New York City Department of Transportation · filed 2010-03-30(e)
The court is mindful that, for a Title VII hostile work environment claim arising in New York to be timely, a plaintiff must file the charge of discrimination with the EEOC within 300 days of the allegedly discriminatory act. ... Because defendant has failed to explain the basis upon which any alleged discrimination can be considered “discrete acts” of discrimination for statute of limitations purposes, the court declines to conclude that any of plaintiffs claims are time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge to be filed with the EEOC within 300 days of the alleged discrimination in New York.
Hogans v. Dell Magazines/Penny Press · filed 2010-04-19(e)(1)
In New York, a charge must be filed with the EEOC within 300 days of the alleged discrimination. ... We conclude, for substantially the same reasons stated by the district court, that the conduct about which Hogans complained took place on or before her August 4, 2004 termination from employment, and that, therefore, her claims were time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant in a non-deferral state to file an EEOC charge within 180 days of the alleged discriminatory act.
Zeigler v. Alabama Department of Human Resources · filed 2010-04-29(e)(1)
Under § 706 of Title VII, 42 U.S.C. § 2000e-5(e)(l), only those “unlawful employment praetice[s]” that are complained of in a timely-filed charge of discrimination to the EEOC can form the basis for Title VII liability. ... Thus, even if the 180-day limitations period started when Zeigler had knowledge of the discriminatory promotion (August 7, 2007) rather than when the coveted position was filled (November 16, 2006), the filing of the EEOC charge on February 21, 2008 is still untimely.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars claims based on discrete acts that occurred more than 180 days before the employee filed an EEOC charge.
Tillman v. Southern Wood Preserving of Hattiesburg, Inc. · filed 2010-05-04(e)(1)
Here, Title VII bars all claims that are based on discrete acts that occurred before September 17, 2005, 180 days before Tillman filed his complaint with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 180 days after the alleged discrimination occurs.
Burkhart v. American Railcar Industries, Inc. · filed 2010-05-10(e)(1)
Title VII prohibits disparate treatment based on sex, including harassment that creates a hostile work environment, but a Title VII charge must be filed with the EEOC within 180 days after the alleged discrimination occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 300 days of each alleged discriminatory act.
Raneri v. McCAREY · filed 2010-05-13(e)(1)
Under both Title VII and the ADEA, a plaintiff must file a claim with the EEOC within 300 days after each alleged discriminatory incident before filing a lawsuit.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on conduct before the applicable filing cutoff.
Bey v. I.B.E.W. Local Union 3 Union Representatives · filed 2010-04-22(e)(1)
Insofar as Bey’s claims arise from conduct that occurred before June 2, 2004, they are time-barred. See 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff who first filed with a state agency to file an EEOC charge within 300 days of the alleged discrimination.
Gertskis v. NYC D.O.H.M.H. · filed 2010-04-30(e)(1)
Where, as here, Gertskis had already filed the charge with the New York state agency, the charge needed to be filed with the EEOC within 300 days of the alleged discrimination. See 42 U.S.C. § 2000e-5(e); Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708, 712 (2d Cir. 1996). We conclude, for substantially the same reasons stated by the district court, that Gertskis’s claims based on conduct occurring before February 24, 2006, were time-barred.Read the full opinion on CourtListener →
In a deferral state such as Wisconsin, a discrimination charge is timely under Section 2000e-5(e)(1) if filed with the state agency within 300 days of the alleged discriminatory act.
Wheeler v. BRADY CORPORATION · filed 2010-05-06(e)(1)
Because Wisconsin is a “deferral state,” meaning it has a state agency with enforcement powers parallel to those of the EEOC, a charge of discrimination actionable under federal law is timely if it is filed with the ERD within 300 days of the alleged discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a time limit that can bar Title VII discrimination claims.
Bui v. Horseshoe Entertainment · filed 2010-06-07(e)(1)
In summary, a number of Bui’s claims are time-barred by 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a complainant who first files with an authorized state or local agency 300 days from the alleged discriminatory act to file an EEOC charge.
McGULLAM v. CEDAR GRAPHICS, INC. · filed 2010-06-15(e)(1)
McGullam filed her complaint with the NYSDHR--which sent the complaint to the EEOC for dual filing purposes--on July 3, 2001. The limitations period therefore started on September 6, 2000 (300 days prior to July 3, 2001).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars recovery for harassment occurring more than 300 days before a discrimination charge is filed under the filing period applied here.
Boutin v. Exxon Mobil Corp. · filed 2010-07-30(e)(1)
Because Title VII bars recovery for acts occurring more than 300 days before the plaintiff files a discrimination charge, any harassment that occurred before April 21, 2007 does not provide a basis for relief.Read the full opinion on CourtListener →
Section 2000e-5 requires a timely EEOC complaint before a Title VII suit unless grounds for equitable tolling are shown.
Boyd v. Contra Costa Community College District · filed 2010-06-21(e)(1)
The district court properly dismissed Boyd’s Title VII claim because he failed to file a timely administrative complaint with the Equal Employment Opportunity Commission (“EEOC”), see 42 U.S.C. §§ 2000e-5(e)(1) and 2000e-5(f)(1), and did not allege grounds for equitable tolling, see Josephs v. Pac. Bell, 443 F.3d 1050, 1061 (9th Cir. 2006) (plaintiff must bring a timely EEOC complaint as pre-requisite to federal suit or satisfy grounds set forth for equitable tolling).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a plaintiff 300 days to file an EEOC charge based on an act contributing to a hostile work environment.
Nuovo v. the Ohio State University · filed 2010-07-16(e)(1)
It is well settled that “[a] claim under Title VII is timely if filed within 300 days of any single act contributing to the hostile work environment.” ... Absent application of such a saving theory, Plaintiffs Title VII claim in his second claim for relief is untimely as to those events involving the OSUPS Defendants that occurred prior to October 26, 2007.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge when a worksharing agreement with a local agency applies.
Francis v. District of Columbia · filed 2010-08-18(e)(1)
Accordingly, pursuant to 42 U.S.C. § 2000e-5(e)(1) and 29 C.F.R. § 1601.13(a)(4)(ii)(A), the applicable limitations period in this case is 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day filing period permits a hostile work environment claim when an alleged act contributing to that environment occurred within the period.
Patterson v. Xerox Corporation · filed 2010-08-02(e)(1)
In this case, there is no dispute that Plaintiff filed a charge with the EEOC within 300 days of an act that she asserts is part of a hostile work environment. ... Accordingly, Defendants’ Motion is denied to the extent it seeks dismissal of Plaintiffs Title VII claims of hostile work environment based upon Plaintiffs failure to exhaust administrative remedies.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge of employment discrimination to be filed within 300 days at the latest after the alleged unlawful practice.
Prince v. Illinois Department of Revenue · filed 2010-08-08(e)(1)
A claim of employment discrimination is time-barred if the plaintiff does not file a charge of discrimination within 300 days, at a maximum, after the alleged unlawful employment practice occurred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits earlier acts to support a hostile work environment claim when an act contributing to the same environment occurred within the charge-filing period.
Edwards v. Murphy-Brown, L.L.C. · filed 2011-01-04(e)(1)
If acts outside the statutory window contribute to a hostile work environment, the Court may consider all of those acts, so long as any act contributing to that same hostile work environment occurs within the statutory window.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s charge-filing deadline does not extend to earlier acts without an ongoing policy or systemic failure amounting to a continuing violation.
Hunter v. County of Albany · filed 2011-07-01(e)(1)
Notwithstanding the disturbing content of the verbal abuse that Hunter experienced, there is absolutely no basis upon which to conclude that Hunter was subjected to a continuing violation in the form of an ongoing policy or systemic failure.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge to be filed within 300 days when the claimant first pursued state or local agency proceedings; a later timely act does not bring earlier, isolated acts within that period.
Hightower v. Easton Area School District · filed 2011-10-03(e)(1)
This three-to-four-year gap renders the earlier incidents ... temporally “isolated,” ... and hence barred by the limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a charge within 300 days, but earlier acts may be considered as part of a hostile work environment claim if a contributing act occurred within that period.
Tuli v. Brigham & Women's Hospital · filed 2011-08-29(e)(1)
Both the federal and state provisions require that a charge be filed within 300 days of the alleged unlawful employment practice. ... However, under Supreme Court precedent, a series of acts may comprise a single hostile environment claim, and ... This is the "classic example of a continuing violation."Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows earlier incidents to be considered in a hostile work environment claim when an act within the filing period is part of the same unlawful employment practice.
Santos v. Maldonado · filed 2011-09-28(e)(1)
While defendants urge the Court not to consider the alleged discriminatory acts that took place in November of 2006, the Court finds that it may consider the incidents from November of 2006 as part of Gonzalez’s hostile environment claim because those incidents may all be “part of one unlawful employment practice.”Read the full opinion on CourtListener →
Section 2000e-5(e)’s filing deadline does not bar using earlier discriminatory comments as evidence when those comments are not the unlawful employment action underlying the claim.
Martinez v. CONNECTICUT, STATE LIBRARY · filed 2011-09-21(e)
However, Defendant’s argument is misplaced as Martinez is citing to those comments to prove an inference of discrimination and to rebut Defendant’s legitimate nondiseriminatory reason and is not asserting that the unlawful employment action which is the basis of her claim was those discriminatory comments.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s filing deadline does not bar a claim based on repeated discriminatory tests when a test within the filing period is part of a continuing violation.
Trivedi v. NYS UNIFIED COURT SYSTEM · filed 2011-09-26(e)(1)
Since Battacharjee timely filed an EEOC action with respect to his August 21, 2009 re-examination, which was part of a continuous violation of discriminatory exams, Bhattacharjee's claim is not time-barred.Read the full opinion on CourtListener →
Repeated use of an allegedly discriminatory employment test can constitute a continuing violation for purposes of the EEOC charge filing deadline.
Trivedi v. N.Y.S. Unified Court System Office of Court Administration · filed 2011-09-26(e)(1)
Bhattacharjee’s allegations relate to OCA’s repeated use of an allegedly discriminatory proficiency exam and thus constitute a continuing violation.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits a court to consider earlier acts supporting a hostile work environment claim when at least one contributing act occurred within the filing period.
Teliska v. Napolitano · filed 2011-11-28(e)(1)
DHS does not dispute that at least some acts occurred within the filing period (Def.’s Mem. at 15), so even if discrete acts Teliska complained of were not administratively exhausted and could not support standalone claims, they “may be considered as incidents supporting the retaliatory hostile work environment claim.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s charge-filing deadline may be subject to a continuing violation theory when alleged repeated discrimination forms an ongoing practice.
Ward v. MBNA America · filed 2012-01-10(e)(1)
Consequently, for purposes of a motion to dismiss, plaintiff has alleged sufficient facts to establish a continuing violation theory, which provides equitable relief from the timely administrative exhaustion of each instance of alleged discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e) permits consideration of older incidents in a hostile work environment claim when at least one incident occurred within the 300-day filing period.
Payne v. New York City Police Department · filed 2012-03-28(e)
As a threshold matter, a plaintiff may not bring a Title VII claim concerning events which occurred more than 300 days prior to the filing of a Title VII charge with an agency authorized to hear such actions. ... Accordingly, the Court will evaluate conduct occurring more than 300 days prior to the filing of his administrative charge to the extent it relates to plaintiffs hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s filing deadline does not bar consideration of earlier acts as evidence supporting a hostile work environment claim.
Cristofaro v. Lake Shore Central School District · filed 2012-04-02(e)(1)
Cristofaro does not challenge this ruling on appeal; rather, she maintains that evidence outside the statute of limitations was nevertheless admissible on her hostile work environment claim. We agree.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives an employee in a deferral state 300 days to file an EEOC charge; earlier acts may be considered when they form part of a continuing hostile work environment.
Urda v. Petsmart, Inc. · filed 2012-04-10(e)(1)
Thus, although the time frame and continuity of Plaintiffs allegations regarding events that occurred prior to the 300 day window created by Title VII remain somewhat vague, drawing inferences favorable to the non-movant, and viewed through the plausibility standard as required by the Fourth Circuit, the Court concludes that the Plaintiff has described a set of facts alleging a plausible continuing violation.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a timely charge, but a continuing pattern of harassment can support a hostile work environment claim despite conduct outside the filing period.
Torres v. Quatro Composites, LLC · filed 2012-10-01(e)
Finally, Plaintiff alleges a hostile work environment claim, and this Court should not and will not determine whether the actions of individual employees fall outside the statutory period so long as Plaintiff alleges a continuing patter of discrimination in the Company as a whole. Therefore, Defendant’s argument that Plaintiffs complaint is time-barred lacks merit.Read the full opinion on CourtListener →
For a Title VII hostile work environment claim, the continuing violation doctrine requires an act within the charge-filing period but does not require permanency.
Mandel v. M & Q Packaging Corp. · filed 2013-01-14(e)(1)
It is clear that there is no longer a permanency requirement under the continuing violation doctrine and that the Supreme Court’s decision in Morgan thus supersedes our opinions in West and Rush to the extent that we adopted Berry.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a WMATA employee to file an EEOC charge within 180 days of a discrete employment action such as discharge.
Rashad v. Washington Metropolitan Area Transit Authority · filed 2013-05-23(e)(1)
The Court concludes that Ms. Rashad failed to exhaust her administrative remedies as to her discharge. Further, because more than 180 days have passed since her termination, her claim has now become time-barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day administrative filing period still applies to a continuing violation, but related earlier acts may be considered if a contributing act occurred within that period.
Esters v. Texas Department of Transportation · filed 2013-07-30(e)(1)
The relevant filing period is still 300 days,10 but the jury could consider related acts prior to the period as long as one act contributing to the claim occurred within it.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a court to consider earlier harassment as part of a hostile work environment claim when an act contributing to that environment occurs within the 300-day EEOC filing period.
Waldo v. Consumers Energy Company · filed 2013-08-09(e)(1)
Title VII requires that employees file a charge with the EEOC within 300 days of an alleged ... unlawful employment practice. See 42 U.S.C. § 2000e-5(e)(1). ... Thus all of the relevant harassment could be considered.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits earlier acts to support a hostile work environment claim under the continuing violation doctrine only when the acts are related.
Ryals v. American Airlines, Inc. · filed 2014-01-27(e)(1)
Further, Ryals has not established a continuing violation by showing ... that the separate acts of which she complains are related.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claim to be included in an EEOC charge within 300 days in a deferral state; claims first raised after that deadline are untimely.
Pizio v. HTMT Global Solutions · filed 2014-01-31(e)(1)
It gets him within the time limit for a charge of age discrimination associated with his termination but not for a charge of discrimination based on national origin or anything else. His additional claims surfaced only in his later arguments to the EEOC and are therefore untimely for being made after the 300-day deadline.Read the full opinion on CourtListener →
Section 2000e-5(e) requires an ADA discrimination charge to be filed with the EEOC within 300 days of the alleged discrimination.
Boyle v. Lynch · filed 2014-03-18(e)
For purposes of the ADA, a charge of discrimination must be filed with the EEOC within 300 days of the alleged discrimination. ... Applying these limitations periods, the Court finds that the only timely claims for ADA purposes are those arising on or after November 14, 2008.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars Title VII claims based on incidents occurring more than 300 days before a charge is filed with a state or local employment agency.
Kellman v. Metropolitan Transportation Authority · filed 2014-03-26(e)(1)
Title VII’s statute of limitations bars claims based on events occurring more than 300 days prior to filing a charge of discrimination with a state or local employment agency. 42 U.S.C. § 2000e-5(e)(l). Plaintiff filed an administrative complaint with the SDHR on July 11, 2006. (Fuchs Decl. Ex. 2.) Accordingly, only those incidents that occurred on or after September 14, 2005 are actionable under Title VII.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) generally requires a claimant who files with a state agency to charge each discrete discriminatory act within 300 days.
Sherman v. National Grid · filed 2014-01-31(e)(1)
This would ordinarily bar consideration of any claims involving discrete discriminatory acts that occurred prior to June 16, 2009 — the 300-day limitations period applicable in this case.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant 300 days to file an EEOC charge when the claimant initially institutes proceedings with an authorized state or local agency.
Stone v. Louisiana Department of Revenue · filed 2014-02-12(e)(1)
If a complainant initially institutes proceedings with a state or local agency with authority to grant or seek relief from the practice charged, the time limit for filing with the EEOC is extended to 300 days. ... Therefore, Stone’s 2013 charge of discrimination is untimely filed.Read the full opinion on CourtListener →
Section 2000e-5(e) requires a Title VII claimant to file an EEOC charge within 300 days of a discrete discriminatory act; separate denials of overtime do not become a continuing violation merely because they are similar.
Dellaporte v. City University of New York · filed 2014-02-21(e)
And, in fact, an exception to the 300-day statute of limitations exists where plaintiff establishes a “continuing violation.” ... Even taking Plaintiffs allegations as true, each denial of overtime does not in and of itself convert these discrete acts to a policy.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a discrimination charge concerning a discrete act to be filed with the EEOC within 300 days in a deferral state.
Bass v. Joliet Public School District No. 86 · filed 2014-03-26(e)(1)
If a plaintiff does not file a charge concerning a discrete act within the 300-day window, her claim is time-barred and she may not recover.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a timely agency charge for each discrete act of discrimination or retaliation; in Oregon, the filing period is 300 days.
Pearson v. Reynolds School District 7 · filed 2014-02-24(e)(1)
Thus, with regard to her claims for disparate treatment and retaliation, no incidents that occurred prior to June 2, 2010, are actionable. ... Similarly, Pearson would have had to file a new BOLI claim for any discrete acts that occurred after March 29, 2011.Read the full opinion on CourtListener →
A later formal EEOC charge may relate back to a timely initial charge and cure technical defects when the initial charge gave the employer notice of the discrimination claims.
Taylor v. Peninsula Regional Medical Center · filed 2014-03-10(e)(1)
Because the primary purpose of the EEOC filing requirement is to provide the employer with notice of the charge against it, and PRMC was undisputedly on notice that Taylor was asserting racial discrimination and retaliation claims against it, the Court concludes that Taylor’s amended formal charge may relate back to his original, timely-filed charge and cure any technical defects that may have existed.Read the full opinion on CourtListener →
The 300-day filing period does not include class members who were not exposed to the challenged discriminatory policy during that period, even if the policy continued.
Arce v. Valley Prune, LLC · filed 2014-03-12(e)(1)
In the case at bar, expanding the class definition to beyond 300 days would permit people who were not exposed to the policy within the period of limitations to be part of the class, which is impermissible under Domingo.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s filing period does not encompass earlier harassment as part of a continuing hostile work environment claim when the earlier incidents are unrelated to timely ones.
Maxton v. Underwriter Laboratories, Inc. · filed 2014-03-17(e)(1)
In this case, the Court finds that the continuing violation doctrine is inapplicable. All of the untimely incidents of alleged harassment by Keen are wholly unrelated to the timely incidents, namely (1) Bull’s comment about Jehovah’s Witnesses; (2) Rodriguez comment to Bull to “suck [his] dick”; and (3) Bull’s comment to someone else that the Plaintiff wore “control-top underwear.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits consideration of earlier hostile work environment conduct only when a timely incident contributes to the same hostile work environment.
Sanderson v. New York State Electric & Gas Corp. · filed 2014-03-27(e)(1)
Such occasional, unspecified sotto voce comments are too insubstantial to contribute to a hostile work environment, and thus to permit consideration of earlier instances of harassment.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows a hostile work environment claim to include acts outside the 300-day filing period when the same practice continued into that period.
Parker v. Side By Side, Inc. · filed 2014-06-27(e)(1)
In Illinois, a complainant must file a charge with the EEOC within 300 days of when the allegedly unlawful employment practice occurs. ... Sidetrack’s argument, however, contradicts Supreme Court and Seventh Circuit precedent regarding the limitations period for hostile work environment claims.Read the full opinion on CourtListener →
In Puerto Rico, § 2000e-5(e)(1) gives a Title VII claimant 300 days to file an administrative charge.
Rodriguez v. Santiago · filed 2014-03-31(e)(1)
Plaintiff had 300 days to file her charge for sexual harassment under Title VII. ... Hence, plaintiffs charge is 43 days late pursuant to the provisions of 42 U.S.C. § 2000e-5(e)(1).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a Title VII suit over acts for which the claimant failed to file an administrative charge within the applicable 300-day or 180-day period.
Eaton v. Wayne Central School District · filed 2014-06-02(e)(1)
With respect to plaintiffs’ claims under Title VII, where a plaintiff fails to file an administrative charge with a state agency within 300 days of the complained-of-actions (or with the EEOC within 180 days of the complained-of-actions), the plaintiff is barred from thereafter initiating a lawsuit in federal court based upon those actions.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff in Delaware to file an EEOC charge within 300 days of the alleged unlawful employment action.
Ward v. MBNA America · filed 2014-06-30(e)(1)
In Delaware, before a plaintiff may bring an action under Title VII, she must file a charge with the EEOC within 300 days of the alleged unlawful employment action. ... Because it is clear from the record that Ward’s September 2005 claims were filed with the EEOC beyond the 300-day filing period, the District Court properly concluded that she was barred from proceeding with those claims.Read the full opinion on CourtListener →
When a claimant first files with a state or local fair employment agency, § 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful employment practice.
Lewis ex rel. Estate of Lewis v. New York City Transit Authority · filed 2014-03-31(e)(1)
In New York, which has both state and local fair employment agencies, an individual who initially files a grievance with the state or local agency must file a charge with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(l). ... It is clear from the record that Lewis filed her EEOC charge of discrimination on December 4, 2003. ... Accordingly, Lewis’s charge of discrimination based on her reassignment to the bus depot was timely filed with the EEOC.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars a Title VII claim when the claimant fails to seek administrative remedies on time.
King v. Houston · filed 2014-05-14(e)(1)
This court also agrees that to the extent King was attempting to bring a Title VII claim, his failure to timely seek administrative remedies barred the claim.Read the full opinion on CourtListener →
In a non-deferral state such as Alabama, § 2000e-5(e)(1) requires a discrimination charge to be filed with the EEOC within 180 days of the alleged discrimination.
Edwards v. National Vision, Inc. · filed 2014-06-12(e)(1)
For a charge to be timely in a non-deferral state, such as Alabama, a plaintiff must file an employment discrimination charge with the EEOC within 180 days after the date of the alleged discrimination. ... With respect to Edwards’s claim of NVI’s failure to promote her in December 2007 and February 2008, the district court properly concluded that these ... claims were time-barred because they occurred more than 180 days before she filed her EEOC charge in November 2008.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) gives a claimant who first seeks state or local relief 300 days after an unlawful employment practice to file an EEOC charge; repeating a denied accommodation request does not restart that period.
Mercer v. Southeastern Pennsylvania Transit Authority · filed 2014-06-18(e)(1)
In this case, Mercer filed his EEOC charge on July 8, 2011, which means that the Court can consider only those allegedly unlawful employment practices that occurred after September 11, 2010 — 300 days before the charge was filed.Read the full opinion on CourtListener →
In a deferral jurisdiction such as Maryland, a Title VII charge must be filed within 300 days of the alleged unlawful employment practice.
Gilbert v. Freshbikes, LLC · filed 2014-07-09(e)(1)
In a deferral jurisdiction, such as Maryland, the limitations period is 300 days.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file an EEOC charge in the District of Columbia, where charges are cross-filed with the local human rights agency.
Minter v. District of Columbia · filed 2014-08-05(e)(1)
In the District of Columbia, then, a plaintiff enjoys a longer period – 300 days – within which to file a charge of discrimination.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) allows 300 days to file a charge when it is also filed with a state agency.
Fanelli v. New York · filed 2014-08-18(e)(1)
In this case, because the Plaintiff filed her EEOC charge with both the EEOC and the NYSDHR, the applicable statute of limitations period to file her EEOC charge was 300 days from the alleged occurrence of the unlawful employment practice.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 180 days of the alleged discrimination, extended to 300 days when the complainant institutes qualifying state or local proceedings.
Jones v. FJC Security Services, Inc. · filed 2014-08-19(e)(1)
Under Title VII, 42 U.S.C. § 2000e-5(e)(l), a charge of discrimination must be filed with the EEOC within 180 days after the occurrence of the alleged discriminatory practice unless the complainant has instituted proceedings with a state or local agency with the authority to grant or seek relief from unlawful employment practices, under which circumstances the period for filing such a charge with the EEOC is extended to 300 days.Read the full opinion on CourtListener →
In a deferral state, a Title VII charge must be filed within 300 days of the last discriminatory act.
Clara Bender v. Miami Shores Village · filed 2014-08-21(e)(1)
For a charge to be timely in a deferral state, such as Florida, it must be filed within 300 days of the last discriminatory act. See id. § 2000e-5(e)(1). ... Thus, with respect to all of Bender’s claims that arose before December 28, 2007, the district court did not err in finding these claims were barred by Title VII’s 300-day rule.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Maryland Title VII claimant to file an EEOC charge within 300 days of the alleged unlawful employment practice.
Davenport v. Maryland · filed 2014-08-06(e)(1)
Here the 300-day limitations period includes the period from February 23, 2010 to December 20, 2010 (the date Davenport filed her charge of discrimination with the Maryland Commission on Human .Relations and the EEOC).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII claimant to file an EEOC charge within 180 days of the alleged unlawful employment practice.
Doxie v. Volunteers of America, Southeast, Inc. · filed 2014-08-07(e)(1)
Here, Doxie’s Title VII hostile environment claim is untimely because she filed her EEOC charge in September 2011, well outside the 180 day period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days of a discriminatory act.
Hughes v. Xerox Corp. · filed 2014-08-13(e)(1)
Pursuant to 42 U.S.C. § 2000e-5(e)(1), a plaintiff must file an EEOC charge under Title VII within 300 days of the occurrence of a' discriminatory act.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee in a non-deferral state to file an EEOC charge within 180 days of learning of the challenged employment act.
Manley v. Dekalb County, Georgia · filed 2014-09-03(e)(1)
Here, the district court properly concluded that the plaintiffs’ Title VII disparate-treatment claims arising before December 31, 2010, were time-barred because the plaintiffs filed their EEOC charges on June 29, 2011, and therefore any claims arising before December 31, 2010, were outside the 180-day limitations period.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days of the alleged unlawful employment action, but earlier acts may serve as background evidence for a timely claim.
Malin v. Hospira, Incorporated · filed 2014-08-07(e)(1)
While many of these events occurred more than 300 days before Malin submitted her EEOC charge, Malin does not seek relief for them. Rather, she offers those events as circumstantial evidence that the decision not to promote her in 2006 was part of a retaliatory pattern. She is entitled to do so.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) bars untimely Title VII discrimination claims.
Escandon v. Los Angeles County · filed 2014-08-15(e)(1)
Finally, Escandon’s Title VII claims are time barred under the statute of limitations, see 42 U.S.C. § 2000e-5(e)(1), as is his Section 1983 claim, having been raised more than two years after the employment decisions occurred, see Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031, 1041 & n.8 (9th Cir. 2011) (noting the two-year limitations period for Section 1983 claims).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) permits earlier acts to be considered as background evidence of discriminatory motive when the plaintiff alleges a timely adverse employment action.
Hagan v. City of New York · filed 2014-08-15(e)(1)
Whether or not the alleged discriminatory and retaliatory acts are actionable under the continuing violation exception to the statute of limitations, see Cornwell v. Robinson, 23 F.3d 694, 704 (2d Cir.1994), Hagan has made a timely allegation of an adverse employment action—her termination on June 29, 2011—and the Court may consider her other allegations as "background evidence" to determine whether that adverse action was the result of a discriminatory motive, Morgan, 536 U.S. at 102, 122 S.Ct. 2061 (citation omitted).Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge within 300 days for the discrimination claims at issue.
Aletha Weaver v. Basic Energy Services, L.P., et a · filed 2014-08-20(e)(1)
Weaver failed to file charges related to these claims with the EEOC within 300 days and the Texas Workforce Commission within 180 days. See 42 U.S.C. § 2000e-5(e)(1). ... Accordingly, the district court did not err by granting Basic Energy summary judgment on this issue.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)'s 300-day limit does not categorically bar relief for earlier conduct if the EEOC proves a continuing pattern or practice of discrimination.
U.S. Equal Employment Opportunity Commission v. PMT Corp. · filed 2014-08-27(e)(1)
Thus, relief for conduct outside the 300-day period is not categorically barred, and the EEOC did not act in bad faith by attempting to obtain relief for such conduct.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII plaintiff to file an EEOC charge within 300 days of the alleged discriminatory act; a hostile work environment claim remains timely if at least one act falls within that period.
Parra v. City of White Plains · filed 2014-09-04(e)(1)
A plaintiff must file a Title VII notice with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of a defendant’s alleged discriminatory acts before pursuing a Title VII claim in federal court. ... Here, plaintiff filed her EEOC notice on March 12, 2012. Thus, her discrimination and retaliation claims must be based on events alleged to have occurred on or after May 17, 2011, and her hostile work environment claim must include at least one act since that date.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires a Title VII charge to be filed with the EEOC within 300 days of the discriminatory act; filing occurs when the EEOC receives the charge.
Allen v. New York City Department of Environmental Protection · filed 2014-09-30(e)(1)
A charge is not considered to be filed with the EEOC until the EEOC receives the charge and stamps it with the appropriate date.Read the full opinion on CourtListener →
In Texas, a plaintiff must file an EEOC charge within 300 days of a discrete discriminatory demotion.
Brooks v. Firestone Polymers, LLC · filed 2014-10-08(e)(1)
S. Johnson’s charge of discrimination was filed on December 3, 2009, more than 300 days after the demotion took place. As a result, this claim is time-barred.Read the full opinion on CourtListener →
Section 2000e-5’s 300-day charge-filing period does not bar a complaint when the claimant and EEOC exercised reasonable diligence in investigating the employer’s involvement.
Equal Employment Opportunity Commission v. Staffmark Investment LLC · filed 2014-09-04(e)(1)
On July 19, 2013, I denied summary judgment in favor of Defendant on the issue of whether Shanks’ charge against Sony — filed 511 days after her October 11, 2010 termination — is barred under § 706’s 300-day limitations period. 42 U.S.C. § 2000e-5. ... Defendant has not presented any new or additional evidence to indicate that Shanks and EEOC failed to exercise reasonable diligence in investigating and filing charges against Sony and I, again, find that EEOC’s Complaint is not time barred.Read the full opinion on CourtListener →
Section 2000e-5(e)(1)’s 300-day charge deadline does not prevent older employment actions from serving as background evidence for a timely retaliation claim.
Malin v. Hospira, Inc. · filed 2014-09-16(e)(1)
While many of these events occurred more than 300 days before Malin submitted her EEOC charge, Malin does not seek relief for them. Rather, she offers those events as circumstantial evidence that the decision not to promote her in 2006 was part of a retaliatory pattern. She is entitled to do so.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an EEOC charge before a plaintiff brings an ADA discrimination claim.
Leaumont v. City of Alexandria · filed 2014-09-18(e)(1)
As discussed above, Leaumont concedes that he never filed a charge with the EEOC prior to filing suit, as required by 42 U.S.C. § 2000e-5(e)(1). Summary judgment was therefore warranted as to the ADA claim.Read the full opinion on CourtListener →
Section 2000e-5(e)(1) sets a 180-day deadline for filing a Title VII charge with the EEOC, extended to 300 days when the claimant first files with a state or local agency.
Baez v. New York · filed 2014-09-29(e)(1)
An EEOC charge, in turn, must be filed within 180 days of when the alleged unlawful' employment practice occurred, unless the complainant first files a complaint with a state or local agency for the same practice, in which case the EEOC charge must be filed within 300 days. ... Accordingly, all allegations from July 5, 2011 onward are timely, and any allegations from before that date are untimely.Read the full opinion on CourtListener →
Section 2000e-5(b) treats an EEOC charge as filed only after the complainant communicates a request for remedial action to the EEOC.
Muhammad v. New York City Transit Authority · filed 2014-09-30(b)
Thus, a charge cannot be “filed,” within the meaning of 42 U.S.C.A. § 2000e-5(b), before the complainant alerts the EEOC that it should “activate its machinery and remedial processes.”Read the full opinion on CourtListener →
Section 2000e-5(e)(1) requires an employee who first pursues discrimination proceedings before a state agency to file an EEOC charge within thirty days after receiving notice that the agency has ended those proceedings, if that deadline is earlier.
Akwiwu v. Alabama Department of Youth Services · filed 2014-10-15(e)(1)
Hence, § 2000e-5(e)(l) required Mr. Akwiwu to lodge his complaints of discrimination with the EEOC within thirty days of the Board’s July 9, 2012 decision upholding the demotion, and the charge of discrimination received by the EEOC on December 31, 2012 was untimely.Read the full opinion on CourtListener →
Notes 1501–1650 of 12,143, oldest cases first.
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