National Railroad Passenger Corporation v. Morgan

536 U.S. 101, 122 S. Ct. 2061, 153 L. Ed. 2d 106, 15 Fla. L. Weekly Fed. S 347, 88 Fair Empl. Prac. Cas. (BNA) 1601, 70 U.S.L.W. 4524, 82 Empl. Prac. Dec. (CCH) 41,042, 2002 U.S. LEXIS 4214
Supreme Court of the United States·Decided June 10, 2002·No. 00-1614·Published·Cited by 6,408 cases

Opinions

Justice Thomas

delivered the opinion of the Court.

Respondent Abner Morgan, Jr., sued petitioner National Railroad Passenger Corporation (Amtrak) under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq., alleging that he had been subjected to discrete discriminatory and retaliatory acts and had experienced a racially hostile work environment throughout his employment. Section 2000e-5(e)(l) requires that a Title [105]*105VII plaintiff file a charge with the Equal Employment Opportunity Commission (EEOC) either 180 or 300 days “after the alleged unlawful employment practice occurred.” We consider whether, and under what circumstances, a Title VII plaintiff may file suit on events that fall outside this statutory time period.

The United States Court of Appeals for the Ninth Circuit held that a plaintiff may sue on claims that would ordinarily be time barred so long as they either are “sufficiently related” to incidents that fall within the statutory period or are part of a systematic policy or practice of discrimination that took place, at least in part, within the limitations period. We reverse in part and affirm in part. We hold that the statute precludes recovery for discrete acts of discrimination or retaliation that occur outside the statutory time period. We also hold that consideration of the entire scope of a hostile work environment claim, including behavior alleged outside the statutory time period, is permissible for the purposes of assessing liability, so long as an act contributing to that hostile environment takes place within the statutory time period. The application of equitable doctrines, however, may either limit or toll the time period within which an employee must file a charge.

I

On February 27, 1995, Abner J. Morgan, Jr., a black male, filed a charge of discrimination and retaliation against Amtrak with the EEOC and cross-filed with the California Department of Fair Employment and Housing. Morgan alleged that during the time period that he worked for Amtrak he was “consistently harassed and disciplined more harshly than other employees on account of his race.”1 App. to Pet. [106]*106for Cert. 25a. The EEOC issued a “Notice of Right to Sue” on July 8, 1996, and Morgan filed this lawsuit on October 2, 1996. While some of the allegedly discriminatory acts about which Morgan complained occurred within 300 days of the time that he filed his charge with the EEOC, many took place prior to that time period. Amtrak filed a motion, arguing, among other things, that it was entitled to summary judgment on all incidents that occurred more than 300 days before the filing of Morgan’s EEOC charge. The District Court granted summary judgment in part to Amtrak, holding that the company could not be liable for conduct occurring before May 3,1994, because that conduct fell outside of the 300-day filing period. The court employed a test established by the United States Court of Appeals for the Seventh Circuit in Galloway v. General Motors Service Parts Operations, 78 F. 3d 1164 (1996): A “plaintiff may not base [the] suit on conduct that occurred outside the statute of limitations unless it would have been unreasonable to expect the plaintiff to sue before the statute ran on that conduct, as in a case in which the conduct could constitute, or be recognized, as actionable harassment only in the light of events that occurred later, within the period of the statute of limitations.” Id., at 1167. The District Court held that “[because Morgan believed that he was being discriminated against at the time that all of these acts occurred, it would not be unreasonable to expect that Morgan should have filed an EEOC charge on these acts before the limitations period on these claims ran.” App. to Pet. for Cert. 40a.2

Morgan appealed. The United States Court of Appeals for the Ninth Circuit reversed, relying on its previous articu[107]*107lation of the continuing violation doctrine, which “allows courts to consider conduct that would ordinarily be time barred ‘as long as the untimely incidents represent an ongoing unlawful employment practice.’” 232 F. 3d 1008, 1014 (2000) (quoting Anderson v. Reno, 190 F. 3d 930, 936 (CA9 1999)). Contrary to both the Seventh Circuit’s test, used by the District Court, and a similar test employed by the Fifth Circuit,3 the Ninth Circuit held that its precedent “precludes such a notice limitation on the continuing violation doctrine.” 232 F. 3d, at 1015.

In the Ninth Circuit’s view, a plaintiff can establish a continuing violation that allows recovery for claims filed outside of the statutory period in one of two ways. First, a plaintiff may show “a series of related acts one or more of which are within the limitations period.” Ibid. Such a “serial violation is established if the evidence indicates that the alleged acts of discrimination occurring prior to the limitations period are sufficiently related to those occurring within the limitations period.” Ibid. The alleged incidents, however, “cannot be isolated, sporadic, or discrete.” Ibid. Second, a plaintiff may establish a continuing violation if he shows “a systematic policy or practice of discrimination that operated, in part, within the limitations period — a systemic violation.” Id., at 1015-1016.

To survive summary judgment under this test, Morgan had to “raise a genuine issue of disputed fact as to (1) the existence of a continuing violation — be it serial or systemic,” and (2) the continuation of the violation into the limitations period. Id., at 1016. Because Morgan alleged three types [108]*108of Title VII claims, namely, discrimination, hostile environment, and retaliation, the Court of Appeals considered the allegations with respect to each category of claim separately and found that the prelimitations conduct was sufficiently related to the postlimitations conduct to invoke the continuing violation doctrine for all three. Therefore, “[i]n light of the relatedness of the incidents, [the Court of Appeals found] that Morgan ha[d] sufficiently presented a genuine issue of disputed fact as to whether a continuing violation existed.” Id., at 1017. Because the District Court should have allowed events occurring in the prelimitations period to be “presented to the jury not merely as background information, but also for purposes of liability,” id., at 1017-1018, the Court of Appeals reversed and remanded for a new trial. We granted certiorari, 533 U. S. 927 (2001), and now reverse in part and affirm in part.

II

The Courts of Appeals have taken various approaches to the question whether acts that fall outside of the statutory-time period for filing charges set forth in 42 U. S. C. § 2000e-5(e) are actionable under Title VII. See n. 3, supra. While the lower courts have offered reasonable, albeit divergent, solutions, none are compelled by the text of the statute.

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National Railroad Passenger Corporation v. Morgan, 536 U.S. 101, 122 S. Ct. 2061, 153 L. Ed. 2d 106, 15 Fla. L. Weekly Fed. S 347, 88 Fair Empl. Prac. Cas. (BNA) 1601, 70 U.S.L.W. 4524, 82 Empl. Prac. Dec. (CCH) 41,042, 2002 U.S. LEXIS 4214 (2002).

536 U.S. 101 (National Railroad Passenger Corporation v. Morgan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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