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Countering hostility with the continuing violation doctrine

If you’re dealing with a case that involves employment discrimination in Idaho, it’s important to know how to protect yourself and bring a strong defense to show you were in the right. That’s what the continuing violation doctrine is for.

What is the continuing violation doctrine?

The continuing violation doctrine is for instances of harassment in the workplace, such as when an employee claims that a work environment is hostile. It’s used when an EEOC charge is filed.

Of these sorts of claims, the most difficult to prove in court are the ones that involve harassment that is racial or sexual in nature. Remember that the longer you wait, the harder it is to prove your case.

All it takes is a single instance of hostile work environment within that period. If that act is shown to fit into a larger pattern of hostility, it’s a significant help to your case when the decision of liability is being made.

Workplace hostility may have insidious impacts. Sometimes it’s hard to learn everything and find the time and emotional energy to deal with it all at the same time. It may be helpful to learn about the reporting process through the continuing violation doctrine so you’re prepared to deal with such a situation if it should ever occur.

How to file a claim

The first thing that needs to happen when harassment or hostility is being experienced at work is the filing of an EEOC charge of discrimination by the employee. Make sure you know the filing deadlines so you don’t wait until it’s too late to file.

Depending on the state you’re employed in, you have either 180 or 300 days to file the charge. There only has to be one instance of hostility or harassment within the respective time period for incidents to be levied from farther back.

Keep in mind that the continuing violation doctrine doesn’t apply to claims in which the discrimination involved a discrete act. These are things like wrongful termination or failing to hire.