Third Circuit 'Clarifies' Continuing Violation Doctrine

p>In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S. Supreme Court in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002). This alert discusses the holding and significance of this decision for employers.

Facts

Plaintiff Shannon Mandel worked as an Inside Sales Customer Relations Coordinator for Defendant M & Q Packaging Corporation, which manufactures and sells packaging film.

On January 9, 2009, Mandel filed a Complaint against M & Q with the United States District Court for the District of Pennsylvania, alleging, inter alia, sexual harassment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Specifically, Plaintiff alleged that throughout her employment, spanning from October 25, 1996 to May 23, 2007, she was subject to a hostile work environment based on unwanted solicitations, gender-charged remarks (including references to her appearance), lewd comments, and less pay and vacation time than her male counterparts.

To file suit under Title VII in a deferral state such as Pennsylvania, the claimant must first file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged unlawful employment practice. 42 U.S.C. § 2000e-5(e)(1). On September 13, 2007, the EEOC received questionnaires (dated July 17, 2007) from Mandel. On the questionnaires, Mandel checked boxes stating "I want to file a charge." The EEOC processed the forms and issued a Charge of Discrimination (Charge) on December 14, 2007. That same day, Mandel requested that the EEOC dual file the Charge with the Pennsylvania Human Relations Commission.

In assessing the timeliness of Mandel's Title VII claims, the District Court determined that the EEOC questionnaires were sufficiently similar to a charge to toll the statute of limitations and, therefore, her claims would be timely so long as they occurred within 300 days of September 13, 2007, i.e., after November 17, 2006.

Mandel argued, however, that the alleged acts of discrimination prior to November 17, 2006 were, in fact, part of an ongoing pattern of harassment and, therefore, also timely under the continuing violation doctrine. The District Court rejected the application of the doctrine but, for the reasons set forth below, the Third Circuit reversed.

...