Legal Opinion

Larry Cherosky Thomas Jennings Anthony Clemons Vincent Faini v. William J. Henderson, Postmaster General in His Official Capacity

Court of Appeals for the Ninth Circuit

Decided June 5, 2003No. 01-35254PublishedCited by 130 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge.

Last year, in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002), the Supreme Court substantially limited the continuing violations doctrine in the context of employment discrimination actions. The Court held that Title VII “precludes recovery for discrete acts of discrimination that occur outside the statutory time period” for filing claims. Id. at 117, 122 S.Ct. 2061. In this case, we consider the impact of Morgan on employment decisions that occurred outside of the limitations period, but were made pursuant to an…

2Cases cited7 opinions

  1. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  2. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  3. Bazemore v. FridaySupreme Court of the United States · 1986
  4. Wendell Lyons Donald Tate Robert L. Claiborne Rosevelt Willson v. Gordon R. England, Secretary of the NavyCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. Ironworkers Local 86Court of Appeals for the Ninth Circuit · 1971

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3Cited by130 opinions

  1. Dorn B. Holland v. Washington Homes, IncorporatedCourt of Appeals for the Fourth Circuit · 2007
  2. Lawana Porter v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2005
  3. Courtney Bird v. State of HawaiiCourt of Appeals for the Ninth Circuit · 2019
  4. Williams v. Giant Food Inc.Court of Appeals for the Fourth Circuit · 2004
  5. Davidson v. America Online, Inc.Court of Appeals for the Tenth Circuit · 2003

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