Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was...
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The Court rejected that argument and explained that "when a continuing pattern of wrongful conduct occurs partly in the statutory period and partly outside it, the limitations period begins to accrue once an employee is on notice of the violation of [her] rights.
Confidential or time-sensitive information should not be sent through this form. Most of the allegedly harassing conduct Heath relied on occurred outside the statute of limitations days before the filing of her EEOC charge , the court said, and looking only at the conduct that occurred after that, Heath failed to present adequate evidence to support her claim.
More than students filed a petition on Heath's behalf with the school and Heath made multiple complaints but the university did not respond. The court noted that in cases alleging hostile work environment, a plaintiff can generally present evidence of harassment older than days, so long as one act of harassment does fall within the day window. So, said the lower court, harassment prior to the sabbatical could not be included in her lawsuit.
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Continuing Violation Doctrine Keeps Title VII Suit Alive - Lexology
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- CONTINUING VIOLATION AND HOSTILE WORK ENVIRONMENT CLAIMS | SAN ANTONIO EMPLOYMENT LAW BLOG