Jottings By An Employer's Lawyer

Sunday, May 23, 2004

Where Title VII Doesn't Make A Difference, But the New §1981 SOL Did

Talking about being bailed out. In Jackson v. Homechoice, Inc. (8th Cir. 5/21/2004), an employer who thought it had dodged a bullet, now gets to address the merits of a 1999 termination. When first brought, the employer prevailed showing that plaintiff did not timely file his charge with Title VII, and although the claim was based on race and thus potentially actionable under §1981, it was barred by the Arkansas one year statute of limitations. And it was, until the Supreme Court's decision earlier this month in Jones v. R.R. Donnelley & Sons Co., 124 S. Ct. 1836 (5/3/04) [pdf]. That makes at least two plaintiffs whose claims have been revived by the R.R. Donnelley decision. For the other see our report here of a similar result in the 9th Circuit.

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