Case Citator › Frances E. Weeks v. New York State (Division of Parole) & Patrick Hoy

Frances E. Weeks v. New York State (Division of Parole) & Patrick Hoy

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Second Circuit
Citation
273 F.3d 76
Decided
Confirmed treatments
1
Flagged citations read
51 of 51
Citing cases (total)
51
Treatment dates
2002
Abrogated
A reviewed court treats this case as abrogated by later authority. The Supreme Court's decision in National Railroad Passenger Corp. v. Morgan displaced part of Weeks v. New York State Division of Parole concerning the time limit for Title VII claims. For a hostile work environment claim, Morgan permits consideration of related acts outside the filing period when an act contributing to that claim occurred within it; Weeks used an older continuing violation test requiring a discriminatory policy or practice.
More on how this was screened

Later Second Circuit opinions describe Weeks as abrogated on other grounds while continuing to apply its adverse employment action holdings. All 51 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

51 later cases cite Frances E. Weeks v. New York State (Division of Parole) & Patrick Hoy; 51 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Abrogated

  • The Supreme Court displaced Weeks's older continuing violation test for the timeliness of Title VII hostile work environment claims.

    National Railroad Passenger Corp. v. Morgan · Supreme Court of the United States · filed

    It does not matter, for purposes of the statute, that some of the component acts of the hostile work environment fall outside the statutory time period. Provided that an act contributing to the claim occurs within the filing period, the entire time period of the hostile environment may be considered by a court for the purposes of determining liability.
    Read the full opinion on CourtListener →

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