Employment & Labor Law
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National Railroad Passenger Corp. v. Abner
15 Fla. L. Weekly Fed. S347 (U.S. June 10, 2002)
The Court concluded that claims of discrete discriminatory or retaliatory acts must be filed within the appropriate time frame set out in the law (180 or 300 days). However, charges of hostile work environment will not be barred if the acts constituting the claim are part of the unlawful employment practice and at least one of the acts falls within the filing period. Courts may consider all the circumstances (frequency, severity, physical nature, etc.) when assessing the hostile work environment claim. Furthermore, court are not barred from using their equitable power to toll or limit the time periods as circumstances may require.
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