· 7/10/2012
Chin v. Port Authority of New York & New Jersey
Citations
- 685 F.3d 135
- 2012 WL 2760776
- 2012 U.S. App. LEXIS 14088
- 95 Empl. Prac. Dec. (CCH) 44,555
- 115 Fair Empl. Prac. Cas. (BNA) 720
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court properly admitted background evidence predating the onset of the limitations period and that there was sufficient evidence for a reasonable juror to conclude that the defendant discriminated against plaintiffs within the limitations period
- noting that even if prerequisites are present, the decision to give an adverse inference instruction lies in the discretion of the district court
- noting that the pattern or practice “method of proof ... .originated in the class action context, in Franks”
- determining that Morgan forecloses untimely failure-to-promote claims even if they result from an ongoing policy
- noting that, to sustain a disparate impact claim, Plaintiffs must \identify a specific discriminatory employment practice\
- finding that even when a failure to promote is part of an ongoing discriminatory policy, each instance is still a discrete act for the purpose of the statute of limitations
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, Cabranes, Livingston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.