Hastings Law Journal


John Carty


The "continuing violation theory" was created by plaintiffs' lawyers and was accepted by the lower federal courts from 1968-1977. The purpose of the theory is to allow courts in an employment discrimination action under Title VII of the Civil Rights Act of 1964 to maintain jurisdiction over discrimination taking place prior to the short charge-filing-period. The United States Supreme Court first addressed the validity of the theory in United Air Lines, Inc. v. Evans, decided May 31, 1977. This Note analyzes and clarifies the continuing violation theory, analyzes Evans, and determines the present viability of the theory in light of Evans.

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