Summary
This document is a dissenting opinion from the Supreme Court denying certiorari in a case where a plaintiff alleged race discrimination under 42 U.S.C. § 1981 after being repeatedly barred from entering her workplace. Justice Jackson argues that the Fifth Circuit incorrectly applied the statute of limitations by treating recent, discrete acts of racial exclusion as mere continuations of earlier discriminatory conduct. She contends that each discrete discriminatory act independently triggers a new four-year limitations period, rendering the plaintiff's claims timely.
Topics
Practice areas
Questions Presented
- Whether each discrete act of race discrimination under §1981 starts a new statute‑of‑limitations clock
- Whether the continuing‑violations doctrine applies to §1981 discrete‑act claims
Key quotations
“Each discrete discriminatory act starts a new clock for filing charges alleging that act.” (at 113)
Factual background
Nicholson, an African‑American adult entertainer, was repeatedly barred from entering two Houston clubs, Splendor and Cover Girls, because of her race in 2014, 2016, 2017 and again in August 2021. She filed suit in August 2021 alleging intentional race discrimination under 42 U.S.C. §1981.
Procedural history
The district court granted summary judgment to the clubs; the Fifth Circuit affirmed; the Supreme Court denied certiorari.