· 4/28/1999
Momcilo Filipovic v. K & R Express Systems, Incorporated
Citations
- 176 F.3d 390
- 1999 U.S. App. LEXIS 8132
- 76 Empl. Prac. Dec. (CCH) 45,994
- 80 Fair Empl. Prac. Cas. (BNA) 1551
- 1999 WL 250312
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that four national-origin comments made over the course of more than a year “were too infrequent” to render the plaintiff’s hostile work environment claim actionable
- stating that “[t]he continuing violation doctrine is applicable only if ‘it would have been unreasonable to expect the plaintiff to sue before the statute ran on the conduct’ ”
- explaining that the court will treat the series of continuing violations as one continuous act ending within the limitations period
- finding that a 4-month lapse was too long
- finding that four months negates causal inference
- rejecting argument that although plaintiff was allegedly “taunted with ethnic slurs from his supervisors and coworkers on almost a daily basis,” it was “only over time that [he] could have become aware that the name- calling was part of a discriminatory pattern”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Rovner, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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