Continuing Violation Doctrine in California
The continuing violation doctrine is a legal principle that applies in California employment law. It allows an employee to file a discrimination claim based on a pattern of conduct that occurred over time, even if some of the conduct falls outside the statute of limitations period.
In California, the statute of limitations period for filing an unlawful conduct discrimination claim is typically one year from the date of the alleged harassment and/or discriminatory act. However, if the employer engaged in a pattern of unlawful conduct that constitutes a continuing violation, the statute of limitations period may be extended.
Under the continuing violation doctrine, a series of similar acts of unlawful conduct that occur with sufficient frequency may be considered a continuing violation. For example, if an employer engages in a pattern of discriminatory behavior, sexual harassment, disability discrimination, or perpetuates a hostile work environment over a period of time (such as repeatedly denying an employee a promotion or paying them less than their colleagues based on their protected status), the employee may be able to bring a continuing violation claim for all of the discriminatory acts, even those that occurred outside the statute of limitations period.
The continuing violation doctrine is a complex legal doctrine and concept, and the specific requirements for establishing a continuing violation claim can vary depending on the circumstances of each harassment or discrimination case. If an employee believes they may have a claim based on the continuing violation doctrine because of an employer’s unlawful conduct, it’s best to consult with an experienced employment lawyer who can advise on employee legal rights and fair employment options.
Lawyers for Justice, PC has a successful track record of fighting for employees in court. The firm is strident on enforcing the continuing violation doctrine and when the limitations period begins. Call for a FREE consultation today at (818) JUSTICE.
Employment Law Statute Of Limitations
The statute of limitations for employment law claims under the California Supreme Court refers to the timeframe within the statutory period in which an employee must file a legal claim against their employer (or former employer) for alleged violations of their employment rights. The statute of limitations period varies depending on the type of claim, the conduct occurring, the California court jurisdiction, and the specific circumstances of the case.
In the United States, employment law claims are generally subject to federal and state statutes of limitations. Under federal law, an employee who wants to file an administrative complaint claim for discrimination under Title VII of the Civil Rights Act of 1964 must typically file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discriminatory violation. However, in states that have their own fair employment practices agency, of which California is one, the deadline to file with the state court can be longer than 180 days, and it can vary depending on the type of discrimination alleged by the plaintiff.
Other types of employment law claims, such as wage and hour claims or breach of contract claims, may have different statute of limitations. In California, the statute of limitations for most wage and hour claims is three years, while breach of contract claims generally have a four-year statute of limitations.
It’s important to note that failing to file a claim within the applicable statute of limitations period can result in the claim being time-barred, meaning that the employee will not be able to pursue the claim in court. Therefore, it’s important for employees to be aware of the applicable statute of limitations for their claims and to consult with an experienced employment law attorney as soon as possible if they believe their rights have been violated.