Amtrak v. Morgan

Gar

I hear that a very important case (Amtrak v. Morgan) was recently argued before the Supremes. It's supposed to be significant regarding statutes of limitations in title VII law suits and EEOC charges in which on-going harassment is claimed. Can anyone shed some light on this one?

System

I can shed a little light on it, but not much. The case is from the Ninth U.S. Court of Appeals, which covers the western U.S. It involves the "continuing violation" concept: an employer commits a pattern of discrimination against an employee. Some of it occurred within the statute of limitations, some didn't. From what I gather, lower courts are divided over the technical issues of what "continuing" really means and when the employee realized that illegal discrimination occurred.

I don't know the case's status with the Supremies. Their website is [url]http://supremecourtus.gov/[/url] if you really want to know.

Gar, I assume you subscribe to North Carolina Employment Law Letter, since you're so active on this forum. Are you signed up for our e-mail alerts? When the Supreme Court decides a big case like this, we'll quickly send an e-mail alert about it to subscribers who signed up. You can sign up at [url]http://www.hrhero.com/alert.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gar

I do now!

WT

This is a different case but in Cardenas v. Massey 3d Cir., No. oo-5225 the Third Circuit ruled that each allegedly discriminatory paycheck issued to Cardenas may have been a continuing violation preventing a disparate pay claim from being time barred as the allegations dated back to 1996