The Harassment Timeline Exception

Melville Johnson

April 7, 2020

Harassment becomes unlawful when:

Enduring the offensive conduct becomes a condition of continued employment,
The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment, although the EEO will look at all incidents of harassment when investigating your charge, even if the earlier incidents happened more than 180/300 days earlier.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in EEO matters such as these, and are willing and able to assist you in your federal employment legal matters. Contact us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313