Second Circuit Holds that EEOC Filing Does Not Toll Statute of Limitations for State Law Tort Claims

This Article was written by Alice K. Jump, a Partner in the Firm

The United States Court of Appeals for the Second Circuit has recently held that filing a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations for state law tort claims.  In Castagna v. Luceno,  No. 13-0796-CV, 2014 WL 840964 (2d Cir. March 4, 2014), the Second Circuit joined other Circuit Courts in determining that, as a matter of federal law, the filing of an EEOC charge does not toll the statute of limitations period for state law claims, even when the claims arise from the same “nucleus of facts” as the federal discrimination claim.

In Castagna, the plaintiff worked as an accountant and receptionist for  the defendants from 2005 until July 2008, when she resigned after her supervisor allegedly screamed, swore and shoved a computer monitor at her.  Following her resignation, the plaintiff filed a charge with the EEOC alleging discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”).  Plaintiff received her right to sue letter in August 2009 and, in  November 2009, filed suit against her employer and her supervisor in federal district court in New York.  Plaintiff asserted claims of hostile work environment and constructive discharge in violation of Title VII and the New York State Human Rights Law.  In addition to these statutory claims,  plaintiff asserted state common law claims for intentional infliction of emotional distress, assault and battery, all of which were subject to a one year statute of limitations in accordance with CPLR § 215(3).

In affirming the lower court’s dismissal of the state law claims, the Second Circuit pointed to rulings in the Seventh and Ninth Circuits and decisions by the “vast majority” of district courts in the Second Circuit, all of which rejected the tolling argument.  The Court also relied on the Supreme Court’s decision in Johnson v. Railway Express Agency, Inc., 421 U.S. 454 (1975), which held that a filing with the EEOC under Title VII does not toll the statute of limitations under a separate federal statute, 42. U.S.C. § 1981.  In sum, the Castagna court declared that “there is no basis for concluding that a civil rights claimant should be entitled to delay filing any state court claims during the EEOC’s consideration of a charge of discrimination.”

While the Castagna decision clarifies the issue under federal law, it did leave open the question of whether there were any state law grounds for tolling the limitations period.  In light of the Second Circuit’s ruling, however, parties should assume that an EEOC filing will not stop the clock from ticking on plaintiff’s state law tort claims.

This article is intended only as a general discussion of these issues. It is not considered to be legal advice or relied upon. We would be pleased to consider providing additional details or advice about specific situations. For additional information on this topic,  please feel free to contact Alice Jump who regularly counsels and litigates for clients in the employment, financial services, partnership  and real estate areas.