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· 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 CourtListener

Sourced 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.