The Continuing Violation Theory and the Concept of Jurisdiction in Title VII Suits
42 Pages Posted: 8 Jul 2011 Last revised: 29 Jul 2011
Date Written: January 1, 1979
When confronted with a title VII plaintiff who has failed to make a timely filing of his charge with the EEOC, courts have reached inconsistent results. In this article Messrs. Jackson and Matheson analyze the most recent Supreme Court decisions in this area and present a coherent approach to the problem. They conclude that under the continuing violation theory courts should entertain an action based on an existing policy of discrimination even if the specific act alleged occurred in the remote past. In addition, the authors conclude that the title VII filing requirement is not a jurisdictional absolute, but should instead be treated like a statute of limitations.
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