Legal Question in Civil Rights Law in New York

Joking

I am a manager of a cleaning service company. About 1.5 years ago a group of us including some employees was joking and calling one of an employee a name. At that time, she was laughing and joining in the joke. Now she is treathening to sue me for discrimination. Can she do that after 1.5 years ago?


Asked on 9/26/07, 1:04 pm

2 Answers from Attorneys
Alani Golanski Alani Golanski, Esq.

Re: Joking

Because New York is a state with a fair employment agency, a charge of discrimination must be filed with the EEOC or the New York State Department of Human Rights within 300 days of the alleged discrimination. Subsequently, a lawsuit must be filed within 90 days after the complainant or her attorney receives notice from the EEOC that she has a right to sue in federal court, or that the EEOC is unable or unwilling to settle the dispute between employee and employer. So under the facts you presented, it seems that the employee will be deemed out of time to bring a complaint or lawsuit.

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Answered on 9/26/07, 8:05 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Joking

Anyone can commence a lawsuit: whether it is a valid lawsuit is another thing. If this does happen you should retain counsel and discuss your options to have the case dismissed expeditiously.

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Answered on 9/27/07, 8:10 am


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