Salloum v. Boyd Gaming Corp.

The Supreme Court affirmed the judgment of the district court dismissing Appellant's complaint alleging discrimination based on age and sex, holding that Appellant's complaint was untimely filed.

Following Respondent's termination of Appellant, Appellant sent a letter of inquiry to the Equal Employment Opportunity Commission and filed a charge of discrimination. After the limitation period for Appellant's potential claims against Respondent expired the Legislature amended Nev. Rev. Stat. 613.430, providing employees an additional ninety days to file a claim after receiving a letter giving them the right to sue. Appellant subsequently filed this complaint, alleging discrimination. The district court granted Respondent's motion to dismiss, finding that Appellant's claims expired under the former version of Nev. Rev. Stat. 613.430 and that the Legislature's amendments to that statute did not revive the claims. The Supreme Court affirmed, holding (1) the district court properly determined that the amendment did not revive Appellant's untimely claims; and (2) Appellant failed to establish the requirements for equitable tolling.