What is a “continuing violation?”

The continuing violation doctrine is a legal theory that is used to render actionable those acts that fall outside of the statutory time period for filing charges with the EEOC (see ¶76,025 ).

Discrete acts. Discrete discriminatory or retaliatory acts occur on they day that they happened. Each discrete act starts a new clock for filing charges alleging that act. They are not actionable if time barred, even when related to acts alleged in timely filed charges. Discrete acts include termination, failure to promote, denial of transfer, refusal to hire, and pay decisions based on performance evaluations.

Hostile work environment claims. By their very nature, hostile work environment claims involve repeated conduct-the unlawful employment practice cannot be said to occur on any particular day and, indeed, a single act of harassment may not be actionable on its own. Such claims will not be time barred so long as all acts that constitute the claim are part of the same unlawful practice and at least one act falls within the time period. That is, if an act contributing to the claim occurs within the filing period, the entire time period of the hostile environment may be considered by a court for purposes of determining liability. That act, however, need not be the last act; subsequent events may still be part of the one hostile work environment claim and a charge may be filed at a later date and still encompass the whole.