· 11/8/2017
Matter of Youngewirth v. Town of Ramapo Town Bd.
Citations
- 2017 NY Slip Op 7744
- 155 A.D.3d 755
- 65 N.Y.S.3d 540
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “contractually shortened limitation period, outside of an arbitration agreement, is incompatible with the grant of substantive rights and the elaborate pre-suit enforcement mechanisms of Title VII” (emphasis added)
- recognizing that there can be no prospective waiver of Title VII claims
- explaining that the Fair Labor Standards Act (FLSA)’s limitation period set forth in 29 U.S.C. § 255(a) applies to EPA claims
- noting that “a protected individual may not simply sue a recalcitrant employer under Title VII without having first brought the dispute before the EEOC for resolution”
- the exhaustion requirement “afford[s] non-compliant employers the chance to voluntarily cure their violations before Title VII litigation may be brought against them”
- “‘Ordinary limitations of actions are treated as laws of procedure, and as belonging to lex fori, as affecting the remedy only, and not the right.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Austin, Cohen, Duffy, Leventhal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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