Time’s Up! Second Circuit Holds That Filing Of EEOC Charge Does Not Toll Limitations Period For State-law Tort Claims

The end of daylight savings is not the only reason why employers within the Second Circuit need to be paying extra close attention to their clocks. It is not uncommon for an employer faced with a lawsuit alleging unlawful discrimination, harassment, or retaliation to be sued as well under state tort law claims arising out of the same factual circumstances, e.g,. intentional infliction of emotional distress, negligent hiring/retention, assault and battery. The U.S. Court of Appeals for the Second Circuit recently held in Castagna, et al. v. Bill Lucino, Majestic Kitchens, Inc., No. 13-0796 (2d Cir. Mar. 5, 2014), that “as a matter of federal law that the filing of charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations period for state-law tort claims, even for those alleging claims arising out of the same factual circumstances as the discrimination alleged in the EEOC Charge.” Id. at 2. In so holding, the Second Circuit joined the Seventh and Ninth Circuits on this issue.

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