Equal Employment Opportunity Commission v. Bloomberg L.P.

Filing 168

OPINION AND ORDER #99592 The upshot is as follows. Any of the EEOC's discrimination claims, whether based on section 706 or 707, that are based on conduct that happened prior to May 28, 2005, are time-barred. In the alternative to the Court's dismissal of the retaliation claims for failure to conciliate, any of the EEOC's retaliation claims that are based on conduct that happened prior to April 5, 2007, are time barred. Specifically, fourteen discrimination claimants ended their employment relationships with Bloomberg prior to May 28, 2005. (See EEOC Facts paragraphs 25-38; Bloomberg Br. at 2 n.2 (listing claimants).) It is therefore impossible that they experienced actionable discrimination, and their claims are dismissed. The EEOC's suit contains thirty discrimination claimants (see Bloomberg Br. at 11 n.3) with allegations involving discrete acts that may have happened prior to May 28, 2005. Any of their claims based on such acts are time-barred and dismissed on the same basis. Because the record is unclear as to the specific claimants and claims that fall within the charge filing period, the Court leaves it to the parties to vet out the untimely claims. Finally, the EEOC alleges retaliation based on events that occurred prior to April 5, 2007, on behalf of seventeen claimants. See Bloomberg Br. at 18 n.4.) To the extent that these retaliation claims are based on such events, they are dismissed as time barred in the alternative to their dismissal for failure to conciliate. Here again, the record is not clear as to which claims and claimants fall within the charge-filing period. The Court leaves it to the parties to determine which claims are timely. For the reasons stated above, Bloomberg's Motion 99 for Summary Judgment as to Time Barred Claims [dkt. no. 99] is GRANTED. The parties shall confer and inform the Court by letter no later than November 8, 2010 how they propose to proceed. (Signed by Judge Loretta A. Preska on 10/25/10); (djc) Modified on 10/26/2010 (ajc). Modified on 10/28/2010 (djc).