Plaintiff asserts the continuing violation exception to the Title VII limitation period. If a Title VII plaintiff files an EEOC charge that is timely as to any incident of discrimination in furtherance of an on-going policy of discrimination, all claims of acts of discrimination under that policy will be timely even if they would be untimely standing alone. The plaintiff alleges both the existence of an ongoing policy of discrimination and some non-barred acts of discrimination taken in furtherance of that policy. The Court is asked to re-examine the averments of the plaintiff in their entirety, and to find that she established a prima facie case of racial discrimination, harassment, retaliation, hostile work environment under Title VII as timely and plausible.

Did the District Court abuse its discretion?

Did the Complaint fail to state a prima facie case of retaliation?

Continuing violation exception to Title VII limitation period