Every case has a statute of limitations – the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you’re allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
A major victory by William J. Sipser at a trial at the New York State Division of Human Rights on behalf of his client Chrystal Martinez, was upheld by a June 2018 decision by the Appellate Division, First Department. The Manhattan appeals court upheld Sipser’s trial verdict where he proved that Martinez was fired illegally due to her disability.
The Appeals Court found that Sipser’s client raised questions of fact as to whether the reason given for her termination was a “pretext”—or excuse–for disability discrimination. This is the second important disability case won by Sipser at the Appellate Division in 2018 alone.
Tuckner Sipser partner William J. Sipser argued and won a recent disability discrimination decision on behalf of his client, Suzette Watson, at the Appellate Division, First Department. The Manhattan appeals court reversed a lower trial court ruling dismissing Watson’s disability discrimination claim against her former employer. Mr. Sipser successfully argued that the stated reason for […]
Here’s one thing all pregnant working women in the United States now have in every State in the Union, and that’s the right not to be treated differently, not to experience hostility, backlash, a diminution, a degradation to the terms or the conditions or the privileges of your employment because of your pregnancy, because of your childbirth, or because of a related medical condition.