Sumner v. Goodyear Tire & Rubber Co.

I agree with the majority’s adoption of the continuing violation doctrine. However, I disagree with the majority’s application of the doctrine in Sumner. Thus, I dissent.

The majority finds as persuasive United Air Lines, Inc v Evans, 431 US 553; 97 S Ct 1885; 52 L *555Ed 2d 571 (1977). Under Evans, essential to the establishment of an actionable continuing violation is a present violation within the limitation period. The present violation must be a discriminatory act sufficiently connected to the prior acts by more than a "vague or undefined relationship.” Ante, p 539. Without the showing of…