Lula M. Henry v. New Jersey Department of Human Services (A-69-09)
There is no equitable basis on which to extend the statute of limitations on Henry’s retaliation claim. That cause of action accrued at or before the date she resigned in 2004, after being told that if she had not complained, she may have been reclassified. However, a hearing is required to determine whether the discovery rule applies to the discrimination claim. When Henry requested reclassification, she was given a reason that had nothing to do with discrimination, which may have misled her into not pursuing the issue. She is entitled to assert that she had no reasonable suspicion of discrimination until 2006.
