Legal Definitions - serial violation

A serial violation in civil rights law refers to a situation where an employer commits a series of discriminatory actions against an employee, all of which stem from the same underlying discriminatory motive or bias. These individual acts, even if they occur over a period of time, are considered connected because they are driven by the same prejudiced intent.

When a serial violation occurs, it is often treated as a "continuing violation." This means that if at least one of the discriminatory acts in the series falls within the legally specified timeframe for filing a complaint (for example, 300 days for certain federal claims), then the employee may be able to challenge the entire pattern of discrimination, even acts that occurred earlier.

Here are some examples to illustrate this concept:

• Example 1: Gender Discrimination in Career Advancement

  A highly qualified female employee consistently receives excellent performance reviews. However, over a two-year period, she is repeatedly denied opportunities to lead significant projects and is passed over for three different promotions, despite her male colleagues with less experience being selected. During this time, her manager makes subtle comments about women being "better suited for supportive roles." The denial of project leadership, followed by multiple promotion rejections, constitutes a series of discriminatory acts. The same discriminatory intent is the underlying gender bias against women in leadership positions, as suggested by the manager's comments and the pattern of decisions.

• Example 2: Age Discrimination Leading to Demotion

  An employee, who has been with a company for 25 years and consistently performed well, turns 60. Shortly after, his new supervisor begins assigning him less challenging tasks, excludes him from important team meetings, and then gives him an unexpectedly negative performance review, citing "lack of adaptability." Six months later, he is demoted to a junior position, with the supervisor stating the company "needs to focus on future-oriented talent." The assignment of less challenging tasks, exclusion from meetings, negative performance review, and subsequent demotion form a series of discriminatory acts. The same discriminatory intent is age bias, aimed at marginalizing and eventually removing the older employee.

• Example 3: Disability Discrimination and Retaliation

  An employee with a chronic health condition requests a reasonable accommodation, such as a flexible work schedule, which is denied without proper consideration. Over the next several months, the employee is then subjected to increased scrutiny of their work, given a formal warning for minor infractions that other employees commit without consequence, and finally denied a scheduled pay raise. The denial of accommodation, increased scrutiny, formal warning, and denial of a pay raise represent a series of discriminatory acts. The same discriminatory intent is the employer's prejudice against the employee's disability and possibly retaliation for requesting accommodation.