Quoting Paul: «As with hostile work environment sexual harassment claims, individual pay decisions by themselves do not have the obvious discriminatory intent that
discrete acts such as terminations or failures to promote do.»
Pell appears to have known little, even
of discrete acts, much less of serial acts and their abetting.
Although faith might be viewed as a series of
broken discrete acts, Bonhoeffer declares that «faith as an act knows itself as the mode of being of its being in the church, the continuity is indeed only «in the believing» but thereby is really preserved as being in the Church.
By using the term professional learning community we signify our interest not only
in discrete acts of teacher sharing, but in the establishment of a schoolwide culture that makes collaboration expected, inclusive, genuine, ongoing and focused on critically examining practice to improve student outcomes.
536 U.S. at 111 («There is simply no indication that the term «practice» converts
related discrete acts into a single unlawful practice for the purpose of timely filing.»).
Plaintiff responds that his claims are not based
on discrete acts, but rather on a continuing violation — a continuing failure by Mr. Michals to honor his promise — that began in August 2009 and culminated in October 2012, when Plaintiff realized for the first time that Defendant would not be fulfilling its promises to promote him.
In Hendricks v Metropolitan Police Comr [2002] EWCA Civ 1686, [2003] 1 All ER 654, seemingly isolated,
discrete acts spanning 11 years were found to amount to an «ongoing situation» or «continuous state of affairs», and therefore an «act extending over a period» which concluded within the three - month limit.
Had Congress intended to limit the Dickey - Wicker to only
those discrete acts that result in the destruction of an embryo, like the derivation of ESCs, or to research on the embryo itself, Congress could have written the statute that way.
Their first task, conceived as
a discrete act, was to start an Instagram account called Dear Ivanka.
Defendant's decision to revoke its partnership offer to Plaintiff for the Madison, Wisconsin location around August 2009 was
a discrete act that constituted its own employment practice.
I jump off Paul's wagon when he says pay discrimination decisions are more like hostile environment claims than they are like
a discrete act such as a termination or demotion.
As the Heath court noted, a hostile work environment claim is one based on death by a thousand cuts, not by one
discrete act.
Neglect often does not involve one
discrete act.