“Dr. Hoffmann’s claims occurred well outside of the 300 day limitations period”
This is an update to a story we ran last month. It’s an interesting case.
The Olean Times Herald reports:
St. Bonaventure University asks judge to dismiss Wiccan professor’s lawsuit
St. Bonaventure University is arguing a Wiccan professor’s discrimination lawsuit should be thrown out, saying she waited too long to file her complaint.
Attorneys for St. Bonaventure on Friday made their first response to Dr. Pauline Hoffmann’s lawsuit in U.S. District Court in Buffalo, which alleges university officials denied her a promotion to provost and forced her to resign as a dean because she is a Wiccan and a woman.
Bond, Schoeneck and King PLLC, a Buffalo law firm representing the university, filed a motion to dismiss asking U.S. District Judge William Skretny to dismiss the lawsuit because Hoffmann didn’t file a complaint with the U.S. Equal Employment Opportunity Commission within 300 days of the alleged discrimination.
Plaintiffs must file a complaint with the EEOC prior to filing a federal discrimination lawsuit. In New York state, EEOC complaints must be made within 300 days of the alleged discrimination.
Hoffmann filed her EEOC complaint Feb. 19, more than 300 days after she was passed over for the provost position, then submitted her resignation letter and officially stepped down as a dean, St. Bonaventure’s attorneys noted in their motion to dismiss.
“Dr. Hoffmann’s claims occurred well outside of the 300 day limitations period,” the motion read, adding, “and Dr. Hoffmann has otherwise failed to set forth any factual allegations to support a plausible claim for relief.”
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