Magazine article HRMagazine

Continuing Violations Theory Does Not Apply to Promotions

Magazine article HRMagazine

Continuing Violations Theory Does Not Apply to Promotions

Article excerpt

Chin v. Port Authority of New York & New Jersey, 2nd Cir., No. 10-1904-cv (L) (July 10, 2012).

The "continuing violations" doctrine does not apply to failure-to-promote claims under Title VII of the Civil Rights Act of 1964, the 2nd U.S. Circuit Court of Appeals ruled. The court held that a "pattern or practice" theory of liability is not available to nonclass, private plaintiffs.

The case arose from claims by 11 Asian- American police officers who asserted that the Port Authority of New York & New Jersey passed them over for promotions due to their race in violation of Title VII. After a trial, the jury found the Port Authority liable for both disparate treatment and disparate impact, and awarded $1.6 million in back pay and compensatory damages to seven of the officers, ruling against the other four.

The 2nd Circuit ruled that the jury properly found the Port Authority liable to the seven officers, but the $1.6 million in compensatory damages and back pay had to be recalculated.

The appellate court concluded that the lower court had committed an error by awarding back pay for discriminatory failures to promote that occurred prior to the statute of limitations. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.