Judge Nicholas Garaufis
Kingsboro allegedly subjected Baird to a hostile work environment after she complained of sexual harassment. Based on actions in 2008 and 2009, Baird claimed constructive termination in retaliation for her complaints. In 2010 New York’s human rights division (NYSDHR) dismissed Baird’s complaint as untimely. Baird appealed NYSDHR’s decision to state supreme court. The Appellate Division affirmed supreme court’s dismissal of Baird’s case upon finding that she had a full opportunity to present her case and that despite her complaint’s untimeliness the investigator found she was not singled out for differential treatment. Adopting a magistrate judge’s recommendations, district court dismissed Baird’s amended complaint—alleging Kingsboro’s violation of the Americans with Disabilities Act, the Age Discrimination in Employment Act and Title VII of the Civil Rights Act—as barred by res judicata. Appellate Division’s determination was on the merits. Noting the Second Circuit’s determination in McPherson v. N.Y. City Dep’t of Educ. that Title VII’s timeliness requirement is analogous to a statute of limitations, district court concluded that the state court’s conclusion that Baird’s NYSDHR complaint was untimely constituted adjudication on the merits.
