CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation
Single Topic for Decision 2038H
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1101.04000 – Continuing Violation
* * * OVERRULED IN PART ON OTHER GROUNDS by Visalia Unified School District (2022) PERB Decision No. 2806. * * *
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.