CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 2038H

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* * * OVERRULED IN PART ON OTHER GROUNDS by Visalia Unified School District (2022) PERB Decision No. 2806. * * *

The statute of limitations begins to run when the charging party discovers the conduct that constitutes the unfair practice, not when the charging party discovers the legal significance of that conduct. Employee’s discovery that her failure to receive pay raises outside the limitations period may have been discriminatory did not re-start the statute of limitations period; limitations period began to run when employee received her paycheck that did not include a raise. Under the continuing violation doctrine, a violation within the statute of limitations period may revive an earlier violation of the same type that occurred outside the limitations period. Continuing violation doctrine did not apply to alleged retaliatory actions that occurred more than six months before the charge was filed because no actions of the same type were taken by the employer within the limitations period.