Where a woman claimed her former employer’s failure to promote her to a nurse position was for discriminatory or retaliatory reasons, but more than 300 days had elapsed since she was informed of that decision, her claims were time barred.
Background
Amy Block brought this action against her former employer, Sentara RMH Medical Center. Block brings the following claims: (1) sex discrimination (Title VII); (2) hostile work environment/constructive discharge (Title VII); (3) failure to promote (Title VII); (4) retaliation (Title VII); (5) sex discrimination (Virginia Human Rights Act) and (6) negligent hiring, supervision, training and retention (Virginia state law).
Sentara moves to dismiss counts three and four, as well as any other claims of discrete acts of discrimination occurring before Feb. 5, 2019, as untimely. Sentara also moves to dismiss any part of Block’s harassment claim based upon alleged conduct that was not the subject of a timely EEOC charge.
Analysis
“[A]n employee challenging an employment practice of an employer in Virginia has 300 days from the last date of alleged discrimination to file a charge with the EEOC.” Thus, claims involving discriminatory conduct that did not occur within 300 days before filing of the charge are untimely.
Sentara argues that Counts Three and Four of the complaint, as well as any other claims of discrete acts of discrimination occurring before Feb. 5, 2019 — 300 days before Block filed her discrimination charge — should be...
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