Legal Opinion

Bostic v. AT & T of the Virgin Islands

District Court, Virgin Islands

Decided September 25, 2001No. CIV. A. 99-191PublishedCited by 20 opinions

1Opinion of the Court

OPINION

ORLOFSKY, District Judge: 1

I. INTRODUCTION

In this case, the Court is presented with the vexing question of what constitutes a “continuing violation” under Title VII. An employer, accused of sexual harassment, gender discrimination, and retaliation, seeks dismissal of the claims against it pursuant to Fed.R.Civ.P. 12(b)(6), asserting that each and every one is legally flawed in some fashion. Crucially, the employer argues that most of the acts upon which the Plaintiffs claims are founded occurred more than 300 days before she filed a complaint with the EEOC. Since I concur, I must…

2Cases cited58 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Neitzke v. WilliamsSupreme Court of the United States · 1989
  4. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  5. Hishon v. King & SpaldingSupreme Court of the United States · 1984

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3Cited by20 opinions

  1. Sunkett v. MisciDistrict Court, D. New Jersey · 2002
  2. In Re Bayside Prison LitigationDistrict Court, D. New Jersey · 2002
  3. Matheson v. Virgin Islands Community Bank, Corp.District Court, Virgin Islands · 2003
  4. Chavez-Rivas v. OlsenDistrict Court, D. New Jersey · 2002
  5. Harley v. Caneel Bay, Inc.District Court, Virgin Islands · 2002

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