National Railroad Passenger Corp. v. Morgan

In National Railroad Passenger Corp. v. Morgan (2002) 536 U.S. 101, the United States Supreme Court held that each new discrete discriminatory adverse employment action is separately actionable when raised in a timely-filed complaint. The Morgan Court explained that a new timely-filed complaint would not revive time-barred claims, even when they were related to acts alleged in timely filed charges, because "each discrete discriminatory act starts a new clock for filing charges alleging that act." (Id. at p. 113.) For this reason, the Court held an employee could file charges to cover discrete acts occurring within a new limitations period because "each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable 'unlawful employment practice.'" (Id. at p. 114.)