News & Analysis as of

Continuing Violation Theory Hostile Environment

Fisher Phillips

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

Fisher Phillips on

The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Proskauer - California Employment Law

“Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim

Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) - Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time she was employed by Blue Fountain,...more

Seyfarth Shaw LLP

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

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