Statute Of Limitations On Teacher's Discrimination Claim Begins To Run On Date Plaintiff Received Notice Of Reduction In Force

Charapova v. Bd. Of Educ., 2008 WL 2788061 (N.J. Super., App. Div., July 21, 2008) — Here, the Appellate Division affirmed the State Board of Education’s determination that a non-tenured teacher’s discrimination claim was barred by the statute of limitations, where the teacher received notice that her contract would not be renewed due to a RIF, but did not file a discrimination claim until after the 90-day limitations period expired.  Plaintiff claimed the time for filing began to run when she discovered the district was rehiring some of the same teachers who also received the RIF notice.  However, the Court affirmed the decision that the 90-day period began running when Plaintiff learned that she was part of the RIF.

Note: This article was published in the August 2008 issue of the New Jersey eAuthority.