CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation

Single Topic for Decision 2086E

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Alleged pattern of retaliatory actions over a 2-1/2 year period does not establish a continuing violation, where charging party failed to establish that the employer’s actions within the statutory limitations period amount to a violation of EERA. While actions outside the statutory limitations period may not be considered as separate violations in the absence of an independent violation within the limitations period they may nonetheless be considered as background evidence of the employer's motive. In this case, however, the Board finds insufficient evidence to support a finding that employer’s evaluations and letters of concern issued prior to the statutory period demonstrate unlawful motivation.