national
railroad
passenger
corporation
morgan
argued
january
decided
june
title
vii
civil
rights
act
plaintiff
shall
file
employment
discrimination
charge
equal
employment
opportunity
commission
eeoc
either
days
alleged
unlawful
employment
practice
occurred
respondent
morgan
black
male
filed
charge
discrimination
retaliation
eeoc
petitioner
national
railroad
passenger
corporation
amtrak
california
department
fair
employment
housing
alleged
subjected
discrete
discriminatory
retaliatory
acts
experienced
racially
hostile
work
environment
throughout
employment
eeoc
issued
notice
right
sue
morgan
filed
lawsuit
allegedly
discriminatory
acts
occurred
within
days
time
morgan
filed
eeoc
charge
many
took
place
prior
time
period
district
granted
amtrak
summary
judgment
part
holding
company
liable
conduct
occurring
outside
filing
period
ninth
circuit
reversed
holding
plaintiff
may
sue
claims
ordinarily
time
barred
long
either
sufficiently
related
incidents
fall
within
statutory
period
part
systematic
policy
practice
discrimination
took
place
least
part
within
period
held
title
vii
plaintiff
raising
claims
discrete
discriminatory
retaliatory
acts
must
file
charge
within
appropriate
period
charge
alleging
hostile
work
environment
time
barred
acts
constituting
claim
part
unlawful
practice
least
one
act
falls
within
filing
period
neither
instance
precluded
applying
equitable
doctrines
may
toll
limit
time
period
pp
strict
adherence
title
vii
timely
filing
requirements
best
guarantee
evenhanded
administration
law
mohasco
silver
state
entity
authorized
grant
seek
relief
respect
alleged
unlawful
practice
employee
initially
files
grievance
agency
must
file
charge
eeoc
within
days
employment
practice
charge
must
filed
within
days
operative
statutory
terms
charge
filing
provision
shall
occurred
unlawful
employment
practice
hall
makes
act
filing
charge
within
specified
time
period
mandatory
ccurred
means
practice
took
place
happened
past
requirement
therefore
charge
filed
practice
occurred
means
litigant
days
unlawful
practice
happened
file
eeoc
critical
questions
discrete
discriminatory
acts
hostile
work
environment
claims
constitutes
unlawful
employment
practice
practice
occurred
answer
varies
practice
pp
party
must
file
charge
within
either
days
date
discrete
retaliatory
discriminatory
act
occurred
lose
ability
recover
morgan
asserts
term
practice
provides
statutory
basis
ninth
circuit
continuing
violation
doctrine
connotes
ongoing
violation
endure
recur
period
time
argument
unavailing
however
given
explains
great
detail
sorts
actions
qualify
nlawful
employment
practices
including
among
numerous
discrete
acts
without
indicating
way
term
practice
converts
related
discrete
acts
single
unlawful
practice
timely
filing
purposes
repeatedly
interpreted
term
practice
apply
discrete
act
single
occurence
even
connection
acts
several
principals
may
derived
electrical
workers
robbins
myers
air
lines
evans
delaware
state
college
ricks
first
discrete
discriminatory
acts
actionable
time
barred
even
related
acts
alleged
timely
filed
charges
discrete
act
starts
new
clock
filing
charges
alleging
act
charge
must
filed
within
period
act
occurred
existence
past
acts
employee
prior
knowledge
occurrence
however
bar
employees
filing
charges
related
discrete
acts
long
acts
independently
discriminatory
charges
addressing
acts
timely
filed
statute
bar
employee
using
prior
acts
background
evidence
support
timely
claim
addition
time
period
filing
charge
remains
subject
application
equitable
doctrines
waiver
estoppel
tolling
see
zipes
trans
world
airlines
morgan
alleged
suffered
numerous
discriminatory
retaliatory
acts
date
hired
date
fired
acts
occurred
within
applicable
filing
period
actionable
prior
discrete
discriminatory
acts
untimely
filed
longer
actionable
pp
hostile
work
environment
claims
different
kind
discrete
acts
nature
involves
repeated
conduct
unlawful
employment
practice
said
occur
particular
day
occurs
series
days
perhaps
years
direct
contrast
discrete
acts
single
act
harassment
may
actionable
see
harris
forklift
systems
determining
whether
actionable
hostile
environment
claim
exists
requires
examination
circumstances
including
frequency
discriminatory
conduct
severity
whether
physically
threatening
humiliating
mere
offensive
utterance
whether
unreasonably
interferes
employee
work
performance
question
whether
may
purposes
determining
liability
review
conduct
including
acts
occur
outside
filing
period
turns
statutory
requirement
charge
filed
within
certain
number
days
alleged
unlawful
employment
practice
occurred
claim
composed
series
separate
acts
collectively
constitute
one
unlawful
employment
practice
matter
component
acts
fall
outside
statutory
time
period
provided
act
contributing
claim
occurs
within
filing
period
entire
time
period
hostile
environment
may
considered
purposes
determining
liability
act
need
last
act
subsequent
events
may
still
part
one
claim
charge
may
filed
later
date
still
encompass
whole
therefore
task
determine
whether
acts
employee
complains
part
actionable
hostile
work
environment
practice
whether
act
falls
within
statutory
time
period
support
hostile
environment
claim
morgan
presented
evidence
managers
made
racial
jokes
performed
racially
derogatory
acts
used
various
racial
epithets
although
many
acts
occurred
outside
filing
period
said
part
actionable
hostile
environment
claim
pp
holding
leave
employers
defenseless
plaintiff
unreasonably
delays
filing
charge
filing
period
subject
waiver
estoppel
equitable
tolling
equity
requires
zipes
supra
employer
may
raise
laches
defense
plaintiff
unreasonable
delays
filing
result
harms
defendant
see
albemarle
paper
moody
pp
affirmed
part
reversed
part
remanded
thomas
delivered
opinion
stevens
souter
ginsburg
breyer
joined
rehnquist
scalia
kennedy
joined
part
filed
opinion
concurring
part
dissenting
part
rehnquist
joined
scalia
kennedy
joined
part
breyer
joined
part
national
railroad
passenger
corporation
petitioner
abner
morgan
writ
certiorari
appeals
ninth
circuit
june
justice
thomas
delivered
opinion
respondent
abner
morgan
sued
petitioner
national
railroad
passenger
corporation
amtrak
title
vii
civil
rights
act
stat
amended
et
seq
ed
alleging
subjected
discrete
discriminatory
retaliatory
acts
experienced
racially
hostile
work
environment
throughout
employment
section
ed
requires
title
vii
plaintiff
file
charge
equal
employment
opportunity
commission
eeoc
either
days
alleged
unlawful
employment
practice
occurred
consider
whether
circumstances
title
vii
plaintiff
may
file
suit
events
fall
outside
statutory
time
period
appeals
ninth
circuit
held
plaintiff
may
sue
claims
ordinarily
time
barred
long
either
sufficiently
related
incidents
fall
within
statutory
period
part
systematic
policy
practice
discrimination
took
place
least
part
within
limitations
period
reverse
part
affirm
part
hold
statute
precludes
recovery
discrete
acts
discrimination
retaliation
occur
outside
statutory
time
period
also
hold
consideration
entire
scope
hostile
work
environment
claim
including
behavior
alleged
outside
statutory
time
period
permissible
purposes
assessing
liability
long
act
contributing
hostile
environment
takes
place
within
statutory
time
period
application
equitable
doctrines
however
may
either
limit
toll
time
period
within
employee
must
file
charge
february
abner
morgan
black
male
filed
charge
discrimination
retaliation
amtrak
eeoc
california
department
fair
employment
housing
morgan
alleged
time
period
worked
amtrak
consistently
harassed
disciplined
harshly
employees
account
race
app
pet
cert
eeoc
issued
notice
right
sue
july
morgan
filed
lawsuit
october
allegedly
discriminatory
acts
morgan
complained
occurred
within
days
time
filed
charge
eeoc
many
took
place
prior
time
period
amtrak
filed
motion
arguing
among
things
entitled
summary
judgment
incidents
occurred
days
filing
morgan
eeoc
charge
district
granted
summary
judgment
part
amtrak
holding
company
liable
conduct
occurring
may
conduct
fell
outside
filing
period
employed
test
established
appeals
seventh
circuit
galloway
general
motors
service
parts
operations
plaintiff
may
base
suit
conduct
occurred
outside
statute
limitations
unless
unreasonable
expect
plaintiff
sue
statute
ran
conduct
case
conduct
constitute
recognized
actionable
harassment
light
events
occurred
later
within
period
statute
limitations
district
held
ecause
morgan
believed
discriminated
time
acts
occurred
unreasonable
expect
morgan
filed
eeoc
charge
acts
limitations
period
claims
ran
app
pet
cert
morgan
appealed
appeals
ninth
circuit
reversed
relying
previous
articulation
continuing
violation
doctrine
allows
courts
consider
conduct
ordinarily
time
barred
long
untimely
incidents
represent
ongoing
unlawful
employment
practice
quoting
anderson
reno
contrary
seventh
circuit
test
used
district
similar
test
employed
fifth
ninth
circuit
held
precedent
precludes
notice
limitation
continuing
violation
doctrine
ninth
circuit
view
plaintiff
establish
continuing
violation
allows
recovery
claims
filed
outside
statutory
period
one
two
ways
first
plaintiff
may
show
series
related
acts
one
within
limitations
period
ibid
serial
violation
established
evidence
indicates
alleged
acts
discrimination
occurring
prior
limitations
period
sufficiently
related
occurring
within
limitations
period
ibid
alleged
incidents
however
isolated
sporadic
discrete
ibid
second
plaintiff
may
establish
continuing
violation
shows
systematic
policy
practice
discrimination
operated
part
within
limitations
period
systemic
violation
survive
summary
judgment
test
morgan
raise
genuine
issue
disputed
fact
existence
continuing
violation
serial
systemic
continuation
violation
limitations
period
morgan
alleged
three
types
title
vii
claims
namely
discrimination
hostile
environment
retaliation
appeals
considered
allegations
respect
category
claim
separately
found
conduct
sufficiently
related
conduct
invoke
continuing
violation
doctrine
three
therefore
light
relatedness
incidents
appeals
found
morgan
ha
sufficiently
presented
genuine
issue
disputed
fact
whether
continuing
violation
existed
district
allowed
events
occurring
period
presented
jury
merely
background
information
also
purposes
liability
appeals
reversed
remanded
new
trial
granted
certiorari
reverse
part
affirm
part
ii
courts
appeals
taken
various
approaches
question
whether
acts
fall
outside
statutory
time
period
filing
charges
set
forth
actionable
title
vii
see
supra
lower
courts
offered
reasonable
albeit
divergent
solutions
none
compelled
text
statute
context
request
alter
timely
filing
requirements
title
vii
stated
strict
adherence
procedural
requirements
specified
legislature
best
guarantee
evenhanded
administration
law
mohasco
silver
mohasco
rejected
arguments
strict
adherence
similar
statutory
time
filing
charge
unfair
less
literal
reading
act
adequately
effectuate
policy
deferring
state
agencies
instead
noted
choosing
obviously
quite
short
deadlines
congress
clearly
intended
encourage
prompt
processing
charges
employment
discrimination
similarly
salient
source
guidance
statutory
text
title
charge
filing
provision
specifies
precision
prerequisites
plaintiff
must
satisfy
filing
suit
alexander
individual
must
file
charge
within
statutory
time
period
serve
notice
upon
person
charge
made
state
entity
authority
grant
seek
relief
respect
alleged
unlawful
practice
employee
initially
files
grievance
agency
must
file
charge
eeoc
within
days
employment
practice
charge
must
filed
within
days
claim
time
barred
filed
within
time
limits
purposes
critical
sentence
charge
filing
provision
charge
section
shall
filed
within
one
hundred
eighty
days
alleged
unlawful
employment
practice
occurred
emphasis
added
operative
terms
shall
occurred
unlawful
employment
practice
hall
makes
act
filing
charge
within
specified
time
period
mandatory
see
lexecon
milberg
weiss
bershad
hynes
lerach
mandatory
shall
normally
creates
obligation
impervious
judicial
discretion
ccurred
means
practice
took
place
happened
requirement
therefore
charge
filed
practice
occurred
tells
us
litigant
days
unlawful
practice
happened
file
charge
eeoc
critical
questions
constitutes
unlawful
employment
practice
practice
occurred
task
answer
questions
discrete
discriminatory
acts
hostile
work
environment
claims
answer
varies
practice
take
easier
question
first
discrete
retaliatory
discriminatory
act
occurred
day
happened
party
therefore
must
file
charge
within
either
days
date
act
lose
ability
recover
morgan
argues
statute
require
filing
charge
within
days
discrete
act
language
requires
filing
charge
within
specified
number
days
unlawful
employment
practice
practice
morgan
contends
connotes
ongoing
violation
endure
recur
period
time
see
brief
respondent
morgan
view
term
practice
therefore
provides
statutory
basis
ninth
circuit
continuing
violation
argument
unavailing
however
given
explains
great
detail
sorts
actions
qualify
nlawful
employment
practices
includes
among
practices
numerous
discrete
acts
see
shall
unlawful
employment
practice
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
simply
indication
term
practice
converts
related
discrete
acts
single
unlawful
practice
purposes
timely
filing
cf
providing
attorney
general
may
bring
civil
action
pattern
practice
cases
repeatedly
interpreted
term
practice
apply
discrete
act
single
occurrence
even
connection
acts
example
electrical
workers
robbins
myers
employee
asserted
complaint
timely
filed
date
alleged
unlawful
employment
practice
occurred
date
conclusion
grievance
arbitration
procedure
rather
earlier
date
discharge
discharge
contended
tentative
nonfinal
grievance
arbitration
procedure
ended
concluded
discriminatory
act
occurred
date
discharge
date
parties
understood
termination
final
similarly
bazemore
friday
per
curiam
case
considering
discriminatory
salary
structure
noted
although
salary
discrimination
began
prior
date
act
actionable
title
vii
ach
week
paycheck
deliver
ed
less
black
similarly
situated
white
wrong
actionable
title
vii
also
held
discrete
acts
fall
within
statutory
time
period
make
timely
acts
fall
outside
time
period
air
lines
evans
forced
evans
resign
married
policy
married
female
flight
attendants
although
evans
failed
file
timely
charge
following
initial
separation
nonetheless
claimed
guilty
present
continuing
violation
title
vii
seniority
system
failed
give
credit
prior
service
disagreed
concluding
entitled
treat
evans
resignation
lawful
failed
file
charge
discrimination
within
charge
filing
period
allowed
statute
time
however
noted
may
constitute
relevant
background
evidence
proceeding
status
current
practice
issue
ibid
emphasis
however
placed
mere
continuity
whether
present
violation
exist
ed
ibid
emphasis
original
delaware
state
college
ricks
evaluated
timeliness
eeoc
complaint
filed
professor
argued
denied
academic
tenure
national
origin
following
decision
deny
tenure
employer
offered
contract
teach
additional
year
claiming
effect
continuing
violation
professor
argued
time
period
begin
run
actual
termination
rejected
argument
mere
continuity
employment
without
insufficient
prolong
life
cause
action
employment
discrimination
ibid
order
time
period
commence
discharge
identified
alleged
discriminatory
acts
continued
occurred
time
actual
termination
employment
ibid
use
termination
fell
within
limitations
period
pull
discriminatory
act
act
justify
filing
charge
concerning
termination
independently
discriminatory
derive
several
principles
cases
first
discrete
discriminatory
acts
actionable
time
barred
even
related
acts
alleged
timely
filed
charges
discrete
discriminatory
act
starts
new
clock
filing
charges
alleging
act
charge
therefore
must
filed
within
time
period
discrete
discriminatory
act
occurred
existence
past
acts
employee
prior
knowledge
occurrence
however
bar
employees
filing
charges
related
discrete
acts
long
acts
independently
discriminatory
charges
addressing
acts
timely
filed
statute
bar
employee
using
prior
acts
background
evidence
support
timely
claim
held
however
time
period
filing
charge
subject
equitable
doctrines
tolling
estoppel
see
zipes
trans
world
airlines
hold
filing
timely
charge
discrimination
eeoc
jurisdictional
prerequisite
suit
federal
requirement
like
statute
limitations
subject
waiver
estoppel
equitable
tolling
courts
may
evaluate
whether
proper
apply
doctrines
although
applied
sparingly
see
baldwin
county
welcome
center
brown
per
curiam
procedural
requirements
established
congress
gaining
access
federal
courts
disregarded
courts
vague
sympathy
particular
litigants
appeals
applied
continuing
violations
doctrine
termed
serial
violations
holding
long
one
act
falls
within
charge
filing
period
discriminatory
retaliatory
acts
plausibly
sufficiently
related
act
may
also
considered
purposes
liability
see
respect
holding
therefore
reverse
discrete
acts
termination
failure
promote
denial
transfer
refusal
hire
easy
identify
incident
discrimination
retaliatory
adverse
employment
decision
constitutes
separate
actionable
unlawful
employment
practice
morgan
file
charge
cover
discrete
acts
occurred
within
appropriate
time
morgan
alleged
suffered
numerous
discriminatory
retaliatory
acts
date
hired
march
date
fired
incidents
took
place
within
timely
filing
period
actionable
morgan
first
filed
charge
appropriate
state
agency
acts
occurred
days
february
day
morgan
filed
charge
actionable
time
period
morgan
contends
wrongfully
suspended
charged
violation
amtrak
rule
insubordination
failing
complete
work
assigned
denied
training
falsely
accused
threatening
prior
discrete
discriminatory
acts
untimely
filed
longer
hostile
environment
claims
different
kind
discrete
acts
nature
involves
repeated
conduct
see
lindemann
grossman
employment
discrimination
law
ed
hereinafter
lindemann
repeated
nature
harassment
intensity
constitutes
evidence
management
knew
known
existence
unlawful
employment
practice
therefore
said
occur
particular
day
occurs
series
days
perhaps
years
direct
contrast
discrete
acts
single
act
harassment
may
actionable
see
harris
forklift
systems
pointed
meritor
savings
bank
fsb
vinson
mere
utterance
epithet
engenders
offensive
feelings
employee
ibid
internal
quotation
marks
omitted
sufficiently
affect
conditions
employment
implicate
title
vii
claims
based
cumulative
affect
individual
acts
repeatedly
made
clear
although
title
vii
mentions
specific
employment
decisions
immediate
consequences
scope
prohibition
limited
economic
tangible
discrimination
harris
quoting
meritor
savings
bank
fsb
vinson
covers
terms
conditions
narrow
contractual
sense
faragher
boca
raton
quoting
oncale
sundowner
offshore
services
stated
harris
phrase
terms
conditions
privileges
employment
evinces
congressional
intent
strike
entire
spectrum
disparate
treatment
men
women
employment
includes
requiring
people
work
discriminatorily
hostile
abusive
environment
workplace
conduct
measured
isolation
clark
county
school
dist
breeden
per
curiam
thus
hen
workplace
permeated
discriminatory
intimidation
ridicule
insult
sufficiently
severe
pervasive
alter
conditions
victim
employment
create
abusive
working
environment
title
vii
violated
harris
internal
citations
omitted
determining
whether
actionable
hostile
work
environment
claim
exists
look
circumstances
including
frequency
discriminatory
conduct
severity
whether
physically
threatening
humiliating
mere
offensive
utterance
whether
unreasonably
interferes
employee
work
performance
assess
whether
may
purposes
determining
liability
review
conduct
including
acts
occur
outside
filing
period
look
statute
provides
charge
must
filed
within
days
alleged
unlawful
employment
practice
occurred
hostile
work
environment
claim
comprised
series
separate
acts
collectively
constitute
one
unlawful
employment
practice
timely
filing
provision
requires
title
vii
plaintiff
file
charge
within
certain
number
days
unlawful
practice
happened
matter
purposes
statute
component
acts
hostile
work
environment
fall
outside
statutory
time
period
provided
act
contributing
claim
occurs
within
filing
period
entire
time
period
hostile
environment
may
considered
purposes
determining
act
need
however
last
act
long
employer
engaged
enough
activity
make
actionable
hostile
environment
claim
unlawful
employment
practice
occurred
even
still
occurring
subsequent
events
however
may
still
part
one
hostile
work
environment
claim
charge
may
filed
later
date
still
encompass
whole
precisely
entire
hostile
work
environment
encompasses
single
unlawful
employment
practice
hold
circuits
plaintiff
may
base
suit
individual
acts
occurred
outside
statute
limitations
unless
unreasonable
expect
plaintiff
sue
statute
ran
conduct
statute
separate
individual
acts
part
hostile
environment
claim
whole
purposes
timely
filing
liability
statute
contain
requirement
employee
file
charge
prior
days
single
unlawful
practice
occurred
given
therefore
incidents
comprising
hostile
work
environment
part
one
unlawful
employment
practice
employer
may
liable
acts
part
single
claim
order
charge
timely
employee
need
file
charge
within
days
act
part
hostile
work
environment
following
scenarios
illustrate
point
acts
days
create
hostile
work
environment
employee
files
charge
day
employee
recover
part
hostile
work
environment
occurred
first
days
acts
contribute
hostile
environment
days
day
acts
days
act
occurring
day
pull
acts
purposes
liability
truth
things
equal
little
difference
two
scenarios
hostile
environment
constitutes
one
unlawful
employment
practice
matter
whether
nothing
occurred
within
intervening
days
long
act
part
whole
sufficient
activity
occurred
day
make
claim
matter
employee
knows
day
actionable
claim
happened
day
incidents
still
part
claim
hand
act
day
relation
acts
days
reason
certain
intervening
action
employer
longer
part
hostile
environment
claim
employee
recover
previous
acts
least
reference
day
act
conclusion
respect
incidents
may
considered
purposes
liability
reinforced
fact
statute
way
bars
plaintiff
recovering
damages
portion
hostile
environment
falls
outside
period
filing
timely
charge
morgan
correctly
notes
timeliness
requirement
dictate
amount
recoverable
damages
one
series
provisions
requiring
parties
take
action
within
specified
time
periods
see
none
function
specific
limitations
damages
explicit
limitations
damages
found
elsewhere
statute
section
example
details
specific
limitations
compensatory
punitive
damages
likewise
allows
recovery
backpay
liability
two
years
prior
filing
charge
congress
intended
limit
liability
conduct
occurring
period
within
party
must
file
charge
seems
unlikely
congress
allowed
recovery
two
years
backpay
fact
congress
expressly
limited
amount
recoverable
damages
elsewhere
particular
time
period
indicates
timely
filing
provision
meant
serve
specific
limitation
either
damages
conduct
may
considered
purposes
one
actionable
hostile
work
environment
claim
also
makes
little
sense
limit
assessment
liability
hostile
work
environment
claim
conduct
falls
within
period
given
time
period
varies
based
whether
violation
occurs
state
political
subdivision
agency
authority
grant
seek
relief
important
remember
statute
requires
title
vii
plaintiff
must
wait
days
proceedings
commenced
state
local
law
file
charge
eeoc
unless
proceedings
earlier
terminated
circumstances
however
charge
must
still
filed
within
days
occurrence
see
mohasco
extended
time
period
parties
first
file
charges
state
locality
ensures
employees
neither
time
barred
later
filing
charges
eeoc
dissuaded
first
filing
state
agency
see
history
identifies
one
reason
treating
workers
deferral
differently
workers
give
state
agencies
opportunity
redress
evil
federal
legislation
aimed
avoid
federal
intervention
unless
need
demonstrated
surely
therefore
import
limiting
principle
provision
effect
make
reviewable
time
period
liability
dependent
upon
whether
employee
lives
state
remedial
simply
put
provision
specifying
charge
timely
filed
consequence
limiting
liability
filing
timely
charge
prerequisite
actionable
claim
task
determine
whether
acts
employee
complains
part
actionable
hostile
work
environment
practice
whether
act
falls
within
statutory
time
period
respect
morgan
hostile
environment
claim
appeals
concluded
period
incidents
involve
type
employment
actions
occurred
relatively
frequently
perpetrated
managers
support
claims
hostile
environment
morgan
presented
evidence
number
employees
managers
made
racial
jokes
performed
racially
derogatory
acts
made
negative
comments
regarding
capacity
blacks
supervisors
used
various
racial
epithets
although
many
acts
upon
claim
depends
occurred
outside
day
filing
period
say
part
actionable
hostile
environment
point
affirm
holding
leave
employers
defenseless
employees
bring
hostile
work
environment
claims
extend
long
periods
time
employers
recourse
plaintiff
unreasonably
delays
filing
charge
noted
zipes
trans
world
airlines
filing
period
jurisdictional
prerequisite
filing
title
vii
suit
rather
requirement
subject
waiver
estoppel
equitable
tolling
equity
requires
equitable
doctrines
allow
us
honor
title
vii
remedial
purpose
without
negating
particular
purpose
filing
requirement
give
prompt
notice
employer
ibid
previously
noted
despite
procedural
protections
statute
defendant
title
vii
enforcement
action
might
still
significantly
handicapped
making
defense
inordinate
eeoc
delay
filing
action
exhausting
conciliation
efforts
occidental
life
ins
cal
eeoc
true
delay
caused
employee
rather
eeoc
cf
albemarle
paper
moody
party
may
entitled
relief
conduct
cause
improperly
substantially
prejudiced
party
cases
federal
courts
discretionary
power
locate
result
light
circumstances
peculiar
case
addition
equitable
defenses
therefore
employer
may
raise
laches
defense
bars
plaintiff
maintaining
suit
unreasonably
delays
filing
suit
result
harms
defendant
defense
requires
proof
lack
diligence
party
defense
asserted
prejudice
party
asserting
defense
kansas
colorado
quoting
costello
address
questions
much
prejudice
must
shown
consequences
follow
laches
established
lindemann
observe
employers
may
raise
various
defenses
face
unreasonable
prejudicial
delay
iii
conclude
title
vii
plaintiff
raising
claims
discrete
discriminatory
retaliatory
acts
must
file
charge
within
appropriate
time
period
days
set
forth
charge
alleging
hostile
work
environment
claim
however
time
barred
long
acts
constitute
claim
part
unlawful
employment
practice
least
one
act
falls
within
time
period
neither
holding
however
precludes
applying
equitable
doctrines
may
toll
limit
time
period
foregoing
reasons
appeals
judgment
affirmed
part
reversed
part
case
remanded
proceedings
consistent
opinion
ordered
national
railroad
passenger
corporation
petitioner
abner
morgan
writ
certiorari
appeals
ninth
circuit
june
justice
chief
justice
joins
justice
scalia
justice
kennedy
join
part
justice
breyer
joins
part
concurring
part
dissenting
part
join
part
opinion
agree
title
vii
suits
based
discrete
discriminatory
acts
time
barred
plaintiff
fails
file
charge
equal
employment
opportunity
commission
eeoc
within
time
period
designated
statute
dissent
remainder
opinion
however
believe
similar
restriction
applies
types
title
vii
suits
including
based
claim
plaintiff
subjected
hostile
work
environment
today
holds
discrete
discriminatory
acts
serves
form
statute
limitations
barring
recovery
actions
take
place
outside
period
acknowledges
however
limitation
period
may
adjusted
equitable
doctrines
see
ante
see
also
zipes
trans
world
airlines
hold
filing
timely
charge
discrimination
eeoc
jurisdictional
prerequisite
suit
federal
requirement
like
statute
limitations
subject
waiver
estoppel
equitable
tolling
like
see
need
resolve
fully
application
discovery
rule
claims
based
discrete
discriminatory
acts
see
ante
believe
however
version
discovery
rule
applies
claims
see
lindemann
grossman
employment
discrimination
law
ed
although
precedents
seem
establish
relatively
simple
notice
rule
discrimination
occurs
start
running
period
courts
continue
disagree
notice
must
emphasis
original
view
therefore
period
precludes
recovery
based
discrete
actions
occurred
days
employee
notice
discriminatory
act
ii
unlike
hold
serves
limitations
period
actions
brought
title
vii
including
alleging
discrimination
subjected
hostile
working
environment
section
provides
plaintiff
must
file
charge
eeoc
within
days
alleged
unlawful
employment
practice
occurred
draws
distinction
claims
based
discrete
acts
claims
based
hostile
work
environments
plaintiff
fails
file
charge
within
time
period
liability
may
assessed
damages
must
awarded
part
hostile
environment
occurred
outside
period
conclusion
contrary
based
characterization
hostile
environment
discrimination
composing
single
claim
based
conduct
potentially
spanning
several
years
see
ante
agree
characterization
disagree
however
conclusion
cumulative
nature
violation
conduct
forming
part
violation
occurs
within
period
liability
proved
damages
collected
entire
hostile
environment
although
hostile
environment
claim
nature
general
atmosphere
discrimination
completely
reducible
particular
discriminatory
acts
day
worker
exposed
hostile
environment
may
still
treated
separate
occurrence
claims
based
occurrences
forfeited
words
hostile
environment
form
discrimination
occurs
every
day
daily
occurrences
may
time
barred
others
treatment
hostile
environment
claims
constituting
single
occurrence
leads
results
contradict
policies
behind
consider
employee
subjected
hostile
work
environment
years
approach
employee
may
subject
uncertain
restrictions
equity
see
ante
sleep
rights
decade
bringing
suit
year
based
part
actions
charge
filed
many
years
previously
accordance
statutory
mandate
charge
section
shall
filed
within
days
alleged
unlawful
employment
practice
occurred
allowing
suits
based
remote
actions
raises
problems
statutes
limitations
similar
time
limitations
designed
address
romot
ing
justice
preventing
surprises
revival
claims
allowed
slumber
evidence
lost
memories
faded
witnesses
disappeared
theory
even
one
claim
unjust
put
adversary
notice
defend
within
period
limitation
right
free
stale
claims
time
comes
prevail
right
prosecute
railroad
telegraphers
railway
express
agency
although
statute
limitation
backpay
partially
addresses
concerns
view
liability
may
still
assessed
sorts
damages
damages
pain
suffering
awarded
based
occurrences
employer
asked
defend
stale
actions
suit
challenging
brought
much
timely
manner
may
rightly
complain
precisely
sort
unjust
treatment
correct
nothing
read
imposing
cap
damages
reading
require
plaintiff
bring
eeoc
charge
within
days
time
individual
incidents
comprising
hostile
work
environment
occur
lose
ability
bring
suit
based
incidents
equivalent
transforming
damages
cap
limitation
one
liability
restriction
damages
occurrences
far
past
follows
obvious
consequence
claims
reading
limiting
hostile
environment
claims
conflict
title
vii
allowance
backpay
liability
period
two
years
prior
charge
filing
potential
adjustments
period
based
equitable
doctrines
two
years
backpay
sometimes
available
even
view
example
two
years
backpay
may
available
employee
failed
file
timely
charge
eeoc
employer
deceived
order
conceal
existence
discrimination
claim
also
argues
makes
little
sense
base
relief
period
since
period
varies
depending
whether
state
political
subdivision
violation
occurs
designated
agency
deal
claims
see
ante
concludes
urely
import
limiting
principle
effect
make
reviewable
time
period
liability
dependent
upon
whether
employee
lives
state
remedial
scheme
ante
precisely
principle
adopted
discrete
discriminatory
acts
depending
plaintiff
lives
time
period
changes
discrete
discriminatory
actions
may
reviewed
justification
variation
discrete
discriminatory
acts
claims
based
hostile
work
environments
longer
time
period
intended
give
political
subdivisions
time
review
claims
mechanism
rationale
applies
review
daily
occurrences
make
part
hostile
environment
claim
approach
also
consistent
taken
contexts
describing
ongoing
antitrust
violation
instance
stated
ach
overt
act
part
violation
injures
plaintiff
starts
statutory
limitations
period
running
regardless
plaintiff
knowledge
alleged
illegality
much
earlier
times
commission
separate
new
overt
act
generally
permit
plaintiff
recover
injury
caused
old
overt
acts
outside
limitations
period
klehr
smith
citations
omitted
similarly
actions
racketeer
influenced
corrupt
organizations
act
rico
et
concerning
pattern
racketeering
activity
rejected
rule
allowed
plaintiffs
recover
acts
made
pattern
long
least
one
occurred
within
limitation
period
endorsed
rule
several
circuits
although
commission
separable
new
predicate
act
within
limitations
period
permits
plaintiff
recover
additional
damages
caused
act
plaintiff
use
independent
new
predicate
act
bootstrap
recover
injuries
caused
earlier
predicate
acts
took
place
outside
limitations
period
reserving
question
whether
injury
discovery
rule
apply
civil
rico
extension
clayton
act
cases
today
allows
precisely
sort
bootstrapping
title
vii
context
plaintiffs
may
recover
exposure
hostile
environment
whose
time
long
passed
simply
hostile
environment
continued
period
therefore
reverse
judgment
appeals
entirety
footnotes
discrimination
alleges
began
company
hired
august
electrician
helper
rather
electrician
subsequent
alleged
racially
motivated
discriminatory
acts
included
termination
refusing
follow
orders
amtrak
refusal
allow
participate
apprenticeship
program
numerous
written
counselings
absenteeism
well
use
racial
epithets
managers
district
denied
summary
judgment
amtrak
respect
claims
held
timely
filed
remaining
claims
proceeded
trial
jury
returned
verdict
favor
amtrak
fifth
circuit
employs
multifactor
test
among
things
takes
account
whether
alleged
acts
involve
type
discrimination
whether
incidents
recurring
independent
isolated
events
whether
earlier
acts
sufficient
permanency
trigger
employee
awareness
duty
challenge
alleged
violation
see
berry
board
supervisors
considered
time
limit
ed
requirement
case
unlawful
employment
practice
occurs
state
prohibits
practices
charge
may
filed
eeoc
expiration
days
proceedings
commenced
appropriate
state
agency
unless
proceedings
earlier
terminated
absence
indication
contrary
words
statute
assumed
bear
ordinary
contemporary
common
meaning
walters
metropolitan
ed
enterprises
quoting
pioneer
investment
services
brunswick
associates
partnership
internal
quotation
marks
citation
omitted
webster
third
new
international
dictionary
defines
occur
present
come
pass
take
place
happen
see
also
black
law
dictionary
ed
defining
ccur
happen
take
place
arise
morgan
also
argues
eeoc
discussion
continuing
violations
compliance
manual
provides
certain
serial
violations
systemic
violations
constitute
continuing
violations
allow
relief
untimely
events
well
positions
eeoc
taken
prior
briefs
warrant
deference
chevron
natural
resources
defense
council
brief
respondent
held
eeoc
interpretive
guidelines
receive
chevron
deference
see
eeoc
arabian
american
oil
interpretations
entitled
respect
decision
skidmore
swift
extent
interpretations
power
persuade
christensen
harris
county
appeals
held
discrete
acts
actionable
part
continuing
violation
need
contemplate
time
period
began
run
act
district
noted
morgan
believed
discriminated
time
acts
occurred
app
pet
cert
may
circumstances
difficult
determine
time
period
begin
run
one
issue
may
arise
circumstances
whether
time
begins
run
injury
occurs
opposed
injury
reasonably
discovered
case
presents
occasion
resolve
issue
final
alleged
discriminatory
act
contends
led
termination
march
morgan
alleges
manager
reported
morgan
threatened
ordered
supervisor
office
asked
union
representation
presence
witness
supervisor
denied
ordered
everyone
office
yelled
morgan
get
black
ass
office
morgan
refused
went
home
subsequently
suspended
charged
violations
two
company
rules
following
investigatory
hearing
terminated
occasion
consider
timely
filing
question
respect
claims
brought
private
litigants
none
issue
hostile
work
environment
claims
based
racial
harassment
reviewed
standard
based
sexual
harassment
see
faragher
boca
raton
meritor
savings
bank
fsb
vinson
amtrak
argues
recovery
conduct
taking
place
outside
time
period
filing
timely
charge
available
hostile
environment
cases
plaintiff
reasonably
know
conduct
discriminatory
discriminatory
nature
conduct
recognized
discriminatory
light
later
events
see
brief
petitioner
appeals
seventh
circuit
adopted
approach
galloway
general
motors
service
parts
operations
see
supra
although
reject
test
proposed
petitioner
avenues
relief
available
employers
see
infra
concern
implicated
discrete
acts
given
unlike
hostile
work
environment
claims
liability
depend
upon
proof
repeated
conduct
extending
period
time
make
judgment
however
merits
morgan
claim
occasion
consider
whether
laches
defense
may
asserted
eeoc
even
though
traditionally
doctrine
may
applied
sovereign
note
however
occidental
seemed
general
agreement
courts
provide
relief
defendants
inordinate
delay
eeoc
see
occidental
life
ins
cal
eeoc
cf
rehnquist
dissenting
part
since
suit
recover
backpay
individual
brought
suit
impossible
think
eeoc
suing
sovereign
capacity
footnotes
case
provides
occasion
determine
whether
discovery
rule
operates
context
hostile
work
environment
claims