How do the time frames apply to hostile work environment claims?
All of the incidents that make up the same hostile work environment claim are actionable as long as at least one incident occurred within the filing period. This includes any incidents that an employee suspected were discriminatory before the filing period. Q: Can a discrete act that occurred outside the filing period be part of a hostile work environment claim? A: Yes, a discrete act that is part of a pattern of harassment may be considered in determining whether the alleged harassment was sufficiently severe or pervasive to be actionable, and if so, the appropriate relief for the hostile work environment. Because the untimely discrete act is not separately actionable, relief for the discrete act itself, such as back pay or reinstatement, is not available. Q: How do the filing periods apply to pattern-or-practice claims? A: Morgan had no effect on the time frames for challenging pattern-or-practice claims. If a pattern or practice of discrimination continues into the filing period, th
