explaining that, under federal law, discrimination claims accrue at “the time of the discriminatory act, not the point at which the consequences of the act become painful,” and finding that plaintiffs’ wrongful termination claims accrued on the date the employer told the plaintiffs they were anticipated to be fired, not on the date plaintiffs were actually fired, because the illegal act was the decision to fire the plaintiffs, not the firing itself
How later courts described this case
- explaining that, under federal law, discrimination claims accrue at “the time of the discriminatory act, not the point at which the consequences of the act become painful,” and finding that plaintiffs’ wrongful termination claims accrued on the date the employer told the plaintiffs they were anticipated to be fired, not on the date plaintiffs were actually fired, because the illegal act was the decision to fire the plaintiffs, not the firing itself
- holding that the “proper focus is on the time of the discriminatory act, not the point at which the consequences of the act become painful”
- concluding that plaintiff’s 45-day limitations period began to run when he had notice of his termination, not the effective date of the termination
- holding that claims of administrators of the Puerto Rican Department of Education were untimely because their claims accrued when they received notice that they would be fired and not on the effective date of their terminations
Written by the judges who cited it.
Distinguished
Distinguished by Towson University v. Conte, 384 Md. 68 (2004)
Ricks and Chardon are inapposite to the case at bar.
Distinguished by Courtney v. La Salle University, 124 F.3d 499 (1997)
Situations like Ricks and Chardon are distinguishable; there the “alleged unlawful practice occur[s]” when the discriminatory decision, e.g., to deny tenure, or to terminate the employee, is made based on an impermissible factor.
The opinion
*10 Justice Stevens,
with whom Justice Brennan and Justice Marshall join,
dissenting.
After noting that most judges who have confronted the issue have reached a conclusion at odds with the Court’s holding today, Judge Campbell, writing for the Court of Appeals, cogently explained why the decision in Delaware State College v. Ricks, 449 U. S. 250 , is not dispositive and should not be followed in this case:
“The issue of when the cause of action accrues depends, we believe, on when the alleged unlawful act occurred. It is necessary, therefore, to identify the unlawful act. Where, as here, the claim is that an employment decision was made for a prohibited reason, it could be argued that the unlawful act was the making of the decision, rather than the implementation of it. But we think such a refined rule would depart too sharply from the understanding of ordinary people. The plaintiffs in these cases are complaining that they were demoted or discharged, not merely that a decision was made on a particular occasion, of which notice was then given, to take such action against them. Had the decision been made but not yet implemented, equitable relief might have been sought to forestall irreparable harm, but it is unlikely that plaintiffs would have sought or received damages until or unless the threatened action was consummated. The alleged unlawful act was revocable, incomplete and, for practical purposes, nonexistent until the actual demotion or discharge.
“Moreover, important policies of judicial administration favor a rule based on the date of implementation. While the date of notice in the present cases was easily established, other cases would surely arise in which resolution of that question would require lengthy proceedings. Notice might be oral, or it might be ambiguously phrased, or it might be transmitted by one whose au *11 thority is subject to question. We see no value in requiring courts and parties to devote their resources to litigating the adequacy of notice, when the date of the action itself is easily determined. In saying this we are aware that the Supreme Court has declined to reach out for an easily identified date when that date bears no genuine relationship to the act of which plaintiff complains. Compare Delaware State College v. Ricks, [ 449 U. S. 250 ] (1980) (date of termination not sufficiently connected to the challenged denial of tenure), discussed infra. But where, as here, the date that is most closely related to the plaintiffs’ claim is also the date most easily identified, we think concern for adoption of the rule that best promotes certainty and eliminates litigation over technical niceties is well warranted.
“After the district court’s decision of these cases, the Supreme Court decided Delaware State College v. Ricks, supra. Defendants contend that that decision compels affirmance here. We disagree. Ricks, a black Liberian instructor, was informed in June 1974 that the faculty of Delaware State College had voted to deny him tenure. In accordance with the school’s usual practice, he was thereafter granted a one-year terminal contract, after which his employment with the school ended. In his suit alleging discrimination on the basis of national origin, Ricks contended that the limitations period under Title VII began to run only when he left the university in June 1975. The Supreme Court rejected this argument and concluded that Ricks’ cause of action had accrued when he was notified of the denial of tenure, in June 1974, and that his suit was therefore barred. The Court focussed on the allegations of Ricks’ complaint, which it found to charge discrimination in the denial of tenure, not in the discharge or any other subsequent action. The Court held that the denial of tenure was the ‘unlawful employment practice’ within the meaning of Title *12 VII, and that the date of that action was therefore the beginning of the limitations period. Three justices, in dissent, accepted the majority’s analysis (i. e., that denial of tenure, not discharge, was the unlawful employment practice) but placed the denial of tenure at a later date because of the later decision of an internal grievance board. Justice Stevens, alone among the justices, took the view that denial of tenure is analogous to advance notice of discharge. Based on that analogy, he argued that the date of discharge should control.
“Refusal of the Ricks majority to adopt Justice Stevens’ analogy does not seem to us in any way to repudiate the precedents to which he sought to draw an analogy. The majority held merely that the denial of tenure in the academic setting is fundamentally different from a notice of discharge; it is a distinct and separate employment action, with important and far-reaching consequences for all aspects of the employee’s status. While denial of tenure is often followed by discharge, it is not always, and the consequences of denial of tenure are not dependent on its being followed by discharge. The Court found that Ricks’ complaint was based on the denial of tenure, which was effective immediately; it followed, therefore, that the limitations period began as soon as Ricks received notice of that action. Here, plaintiffs complain of discharges and demotions, not of any distinct event that occurred on an earlier date. The letters notifying them of the planned actions were notice and nothing more; they were not actions in themselves comparable to the denial of tenure.
“To be sure, as we have said, one can argue that the notices themselves mirror the allegedly discriminatory motives of the defendants. One can also argue that a suit for injunctive relief might lie after receipt of notice (or, indeed, even before) to forestall threatened irreparable harm. Still plaintiffs’ quarrel is with their demo *13 tions and discharges — not with the notices themselves. No actual harm is done until the threatened action is consummated. Until then, the act which is the central focus of the plaintiffs’ claim remains incomplete. Such was not the situation in Ricks , where the denial of tenure was itself the completed act being challenged.
“We conclude, therefore, that Ricks is inapplicable to these cases, and that the district court erred in dismissing the complaints.” 648 F. 2d 765, 768-770 (CA11981) (footnotes omitted).
For the reasons stated by the Court of Appeals, I respectfully dissent.