No. 18-1473

Zelma Rivas v. New York State Lottery

Lower Court: Second Circuit
Docketed: 2019-05-24
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: abuse-of-discretion civil-rights continuing-violation discrimination due-process eeoc-charge employment-discrimination harassment hostile-work-environment prima-facie-case racial-discrimination retaliation statute-of-limitations Title-VII
Key Terms:
Arbitration SocialSecurity DueProcess EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2019-11-22 (distributed 2 times)
Question Presented (AI Summary)

Continuing violation exception to Title VII limitation period

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Plaintiff asserts the continuing violation exception to the Title VII limitation period. If a Title VII plaintiff files an EEOC charge that is timely as to any incident of discrimination in furtherance of an on-going policy of discrimination, all claims of acts of discrimination under that policy will be timely even if they would be "untimely standing alone. The plaintiff alleges both the existence ‘of an ongoing policy of discrimination and some viori-barred acts of discrimination taken in furtherance of that policy. The Court is asked to re-examine the averments of the plaintiff in their entirety, and to find that she established a prime facie case of racial discrimination, harassment, retaliation, hostile work environment under Title VII as timely and plausible. QUESTIONS PRESENTED FOR REVIEW 1. Did the District Court abuse its discretion? 2. Did the Complaint fail to state a prima facie . case of retaliation? : Y ; ii

Docket Entries

2019-11-25
Rehearing DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-30
2019-10-07
Petition DENIED.
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-06-11
Waiver of right of respondent New York State Lottery to respond filed.
2019-04-09
Petition for a writ of certiorari filed. (Response due June 24, 2019)

Attorneys

New York state Lottery
Andrea OserOffice of the New York State Attorney General, Respondent
Zelma Rivas
Zelma Rivas — Petitioner