Cases of Note

COLEMAN V. SHONEY'S, INC., 145 F. SUPP. 2D 934 (W. DIST TENN. 2001)


OVERVIEW: The employees who were female brought an action against the employer and alleged that the employer discriminated against them on the basis of their race and sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq. The employees amended their complaint and included a claim for relief under the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-101, et seq. The court then granted the employees' motion to voluntarily dismiss that state law claim, as it was barred by the applicable one year statute of limitations. The employees then moved to again amend their complaint to assert a cause of action under 42 U.S.C.S. § 1981 et seq. The court found that 28 U.S.C.S. § 1658 was not applicable to any claim arising under 42 U.S.C.S. § 1981, and that the one year statute of limitations traditionally applicable to claims brought under 42 U.S.C.S. § 1981 in Tennessee applied in the case. Since no allegedly discriminatory act occurred within one year of the filing of the employees' original complaint, the employees' proposed claim under 42 U.S.C.S. § 1981 was futile.

OUTCOME: The employees' motion to amend their complaint was denied. (Click here for opinion)


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