Continuing Violation Doctrine and Hostile Environment Cases By Jeffrey M. Schlossberg


A supervisor subjected an employee to a hostile work environment for 10 years. In the 11th year, another act of alleged harassment occurred and the employee filed a claim of discrimination within the statute of limitations period for the most recent incident. But the employee's claim is based in part on actions that occurred over the entire 11-year period. May the employee maintain a discrimination claim based on all of the incidents, even though most occurred outside the statute of limitations period?

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