Dealing with hostility at your place of business in Texas is never easy. It takes courage to come forward, and even once you do, you’re still faced with the burden of proving your claim. Things only get harder for your case if the most dramatic incidents of discrimination took place prior to the 300-day time window.
What the doctrine does
Thanks to the continuing violation doctrine, all it takes is a single reported action within the time limit of 180 or 300 days. Then, the other related acts of discrimination in the chain of events can still hold weight in a harassment case.
If you file with the EEOC, the deadline is 180 days after the violation allegedly occurred. At most, you have 300 days to get all the paperwork filled out and sent in, and that’s only if you’re approved for an extension. The continuing violation doctrine allows you to use other related incidents that occurred outside of that window.
There are certain characteristics that are protected under Title VII of the 1964 Civil Rights Act. These include:
- National origin
Make the strongest case by showing the full pattern
When you’ve dealt with or are still experiencing discrimination at work, it’s essential that you build a strong case. These are among the more difficult claims to prove, particularly those that are sexually or racially related.
To file your claim with the Equal Employment Opportunity Commission (EEOC), you have to show the severity or pervasiveness of the discriminatory actions. There’s also a clear distinction made in the law between actively discriminating against an employee versus simple rudeness.
The continuing violation doctrine has helped countless people who have faced discrimination at work. It’s rarely ever one single significant event that leads someone to file a harassment claim. Far more often, it’s an insidious pattern that takes place over the long term and is only noticeable if you zoom out and look at the bigger picture.