LIEB BLOG

Legal Media Analysts

Thursday, August 11, 2022

Discrimination Cases have Shorter Deadlines When Suing the Government - Here is the Comprehensive List

To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:

1.      Suing a Private Party:

a.     An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per Executive Law §297(5).

b.     An administrative complaint for cases of sexual harassment in employment can be brought within 3 years of the alleged unlawful discriminatory practice per Executive Law §297(5).

c.      A court case can be brought within 3 years of the alleged unlawful discriminatory practice per Koerner v. State, 62 NY2d 442 (1984).

2.     Suing the Government: In addition to the rules to sue a private party, when suing the government, you also may have to file a Notice of Claim, within 90 days of the alleged unlawful discriminatory practice, prior to bringing suit. This requirement depends on who you are suing, but never applies to administrative complaints per Freudenthal v. County of Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is the complete list of when a Notice of Claim is required to be filed within 90 days of the discrimination throughout New York State:

a.     Village Government – Notice of Claim, pursuant to CPLR §9801, is likely required, but no case is directly on point. The applicable statute includes “wrongful acts,” which is consistent with County Law §52, and under Hami v. Chenango County, 2022 WL 1001530 (NDNY 2022), a Notice of Claim is likely required.

b.      Town Government – Notice of Claim, pursuant to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL 326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001).

c.     City Government – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

d.   School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.

e.      Public Library – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

f.      County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001) is required.


g.     State Government – Notice of Claim is NOT required, except Notice of Intention required if filing in Court of Claims on an election of forums.

h.     Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.


To bring a claim under Federal Law, the type of discrimination will impact how much time you have to bring a claim.

1.      If your claim is for housing discrimination:

a.      An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.

b.    A court case can be brought within 2 years of the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).

2.      If your claim is for employment discrimination:

a.      A condition precedent to bringing a court case or proceeding to an administrative hearing is filing with the EEOC either [per 42 U.S.C.A. § 2000e-5(e)(1)]:

                                                    i.     180 days; or

                                                   ii.     300 days if your proceeding initially institutes with a state or local agency having “authority to grant or seek relief,” and New York State has such authority.  

b.     If you are a federal sector employee (i.e., work for the federal government), be warned, your limitations period is just 45 days for you to contact the EEO Counselor at your place of employment / prospective place of employment per 29 CFR §1614.105





Friday, August 05, 2022

Newsweek Interviews Attorney Andrew Lieb on Griner Sentencing

Wednesday, August 03, 2022

NYS Adopts Regulations for Adult-Use Cannabis Program in New York

On August 3, 2022, the State of New York's Office of Cannabis Management adopted its final rule to apply for a conditional adult-use cannabis retail dispensary license. 

To learn what information is required to apply for a license with explanations from the Office of Cannabis Management, read the regulation here



Tuesday, August 02, 2022

NBC NY: Deaf Tenants Battle NYC Landlords In Court Over Living Conditions. Interview with Attorney Andrew Lieb


Residents tried going to management directly, called on their elected leaders and on community organizers and even staged a demonstration outside of their homes. Now Lieb at Law represents the plaintiff filing a class action lawsuit on behalf of deaf and hearing impaired tenants who cannot be alerted by a fire alarm NBC New York investigates the story and interviews Attorney Andrew Lieb.

Wednesday, July 27, 2022

Newsweek Interviews Attorney Andrew Lieb on Amber Heard Appealing Depp Verdict

Newsy: Ambiguity In Medical Abortion Restrictions. Analysis with Attorney Andrew Lieb


Attorney Andrew Lieb clarifies the ambiguity in medical abortion restrictions throughout the United States. Appearance on Newsy.  

ABC 4: Strategies to Purchase Property Post Pandemic. Interview with Attorney Andrew Lieb

 

ABC 4 in Utah interviewed Attorney Andrew Lieb on his book "10 Strategies to Purchase Property Post Pandemic". 

Tuesday, July 26, 2022

National Disability Independence Day is Today!

 Happy ADA Day! 

The National Disability Independence Day is on July 26th and it commemorates the signing of the Americans with Disabilities Act (ADA). The ADA provides protection from employment discrimination as well as better access to goods, services, and communications for people with disabilities. 



Monday, July 25, 2022

Handicapped Parking Spaces Enforcement Updated

Starting on October 19, 2022, fines are going to be issued to any person who obstructs handicapped parking areas at a shopping center with one to four retail stores throughout New York State pursuant to S8822


That is not to say that this is all that can happen if landlords don't enforce and/or provide for handicapped parking at their shopping centers. Landlords who do not provide for access for the disabled can be sued under the Americans with Disabilities Act (ADA) and state specific laws like the New York State Human Rights Law (NYSHRL). So, such landlords should actively enforce their handicapped parking by also towing violators. Nonetheless, individuals who obstruct such spaces can't be sued under the ADA, so, it's a welcome sign that such obstructors will, at least, be ticketed for their thoughtless infraction.

 



Thursday, July 21, 2022

NBC WRAL: Author Andrew Lieb Interview on Real Estate Strategies


NBC Affiliate WRAL interviewed Author Andrew Lieb on the book "10 Strategies To Purchase Property Post Pandemic".