Practice point: Actions alleging discrimination under State and City Human Rights Laws must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment. An employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the plaintiff.
Application: On or about July 16, 2014, the defendant notified the plaintiff and the New York City Department of Citywide Administrative Services that after an investigation, the plaintiff failed to establish his entitlement to a disabled veteran's credit, pursuant to Civil Service Law § 85, thereby starting the running of the applicable statute of limitations. The plaintiff's written request seeking reconsideration of the defendant's decision to withdraw the plaintiff's disabled veteran's credit did not toll the statute of limitations, nor did it allow the plaintiff to circumvent the statute of limitations by demanding that the defendant change its determination and thereafter commencing an action when that demand was refused. The plaintiff commenced this action on March 15, 2019, almost five years after the defendant notified the plaintiff that he was ineligible for a disabled veteran's credit.
Dismissed.
Bourke vs. City of New York, NY Slip Op 05513 (2d Dep't September 30, 2026)
