Toto v. Princeton Twp., 2009 WL 88499 (App. Div., January 15, 2009) – The plaintiff left the workplace due to alleged sexual and disability harassment on January 11, 2002, and never returned, claiming that ongoing, unremedied harassment made it impossible for him to return to work. His paid leave expired on July 19, 2002, and his employment was terminated the same day. On March 25, 2004, the plaintiff filed a claim alleging hostile work environment and other violations under the Law Against Discrimination (LAD). The plaintiff claimed the two-year statute of limitations for the hostile work environment claim began to run on the date of his termination. 

The Appellate Division affirmed dismissal of the claim because the plaintiff’s last day of employment was January 11, 2002, and that is when the last act of harassment could have occurred. “Where a continuing violation is involved in a hostile work environment claim, the cause of action accrues on the date of the last act.” The plaintiff’s claim was filed well after two years from the date of the last act, and was therefore time barred.