April 25, 2023
Attention employers: the US Court of Appeals for the Fourth Circuit (“4th Circuit”) issued a ruling that may impact whether certain race discrimination claims are viable.
The 4th Circuit, after hearing a North Carolina case entitled Chambers v. North Carolina Department of Justice, determined that the statute of limitations for Section 1981, a federal statute prohibiting intentional race discrimination, is 4 years, and not the shorter time limitation set by state law (3 years in North Carolina). This decision may affect race discrimination claims (including wrongful termination claims) in sister courts such as the 9th Circuit, which oversees claims filed in Arizona.
While the 4th Circuit decision is not binding on Arizona employers, it could illustrate how the 9th Circuit would rule when faced with a similar case. Put another way, if an employer is sued for race discrimination under Section 1981, contact our firm (or your trusted employment attorney) to ascertain if that claim is subject to a 4-year or a 1-year statute of limitations (because Arizona’s statute imposes a 1-year statute of limitations for relevant claims).
Now, more than ever, employers in Arizona should conduct audits and ensure compliance with all applicable laws, provide equal opportunities to all employees regardless of their race, gender, religion, or other protected characteristics, and take proactive steps to prevent discriminatory, retaliatory, and harassing practices in the workplace.
The attorneys at Farhang & Medcoff understand the challenges that employers face in maintaining compliance with federal and state employment laws and are ready and available to assist you. Please schedule a consultation with us today to learn more about how we can help you stay compliant with ever-changing employment laws and promote a culture of diversity, equity, and inclusion.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.