Employment – Statute of limitations – Continuing violation theory - Massachusetts Lawyers Weekly
U.S. District Court
Where a motion has been filed to dismiss claims of discrimination and retaliation under G.L.c. 151B, that motion should be allowed in part and denied in part, as the complaint is untimely as to discriminatory and retaliatory acts that allegedly occurred before September 2019 but is timely as to the period between September 2019 and June 16, 2021.
“Plaintiff Mamnoon Ahmad Khan (‘Plaintiff’) filed suit against Sedgwick Claims Management Services Inc. (‘Sedgwick’), Kim Hottel, Colleen Van Tuyl, Dave North, Michael Arbour, The Carlyle Group, Inc. (‘Carlyle’), and Nathan Urquhart (collectively, ‘Defendants’) claiming discrimination and retaliation under Mass. Gen. Laws ch. 151B. …
“In sum, Plaintiff claims that the discrimination and retaliation at Sedgwick has been continuous since the start of his employment in 2014. … In particular, Plaintiff points to Defendant Hottel’s ‘continued hostility towards him, reassigning his cases, holding him to higher standards and double standards, and overall gaslighting him.’ …
“On April 12, 2022, Plaintiff filed a complaint with the Massachusetts Commission Against Discrimination (‘MCAD’) naming all Defendants as respondents. …
“… Here, because Plaintiff filed his complaint with the MCAD on April 12, 2022, … for the events underlying his claims to fall within the statute of limitations period, they must have occurred on or after June 16, 2021.
“Defendants argue that many of the allegations Plaintiff relies on in bringing...
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