McCray v. Collins
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Tenth Circuit affirmed the district court’s dismissal and grant of summary judgment against DaShaun McCray’s Title VII claims of racial discrimination and retaliation against the Department of Veterans Affairs. The panel held that most of McCray’s claims were either not administratively exhausted or lacked sufficient evidence of discriminatory or retaliatory intent, and it concluded she failed to establish key elements of her prima-facie cases under McDonnell Douglas.
Circuit Split Identified
Legal Issue
Whether the continuing-violation doctrine applies to Title VII disparate-treatment claims so that discrete acts outside the administrative filing window can be treated as part of one actionable claim.
Circuit Positions
Continuing-violation doctrine does NOT apply to Title VII disparate-treatment claims; each discrete act must be timely exhausted.
Continuing-violation doctrine may apply to Title VII disparate-treatment claims, allowing older discrete acts to be considered if part of an ongoing pattern.
Conflict Summary
The opinion states the Tenth Circuit is in the minority in refusing to apply the continuing-violation doctrine to disparate-treatment claims, whereas a number of other circuits permit plaintiffs to aggregate a series of related discrete acts into a single continuing violation, thereby allowing otherwise-time-barred acts to be considered.