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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Effective Date
2011-08-24

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Instructive on this point is Lendo v. Garrett County Board of Education, 820 F.2d 1365, 1367 (4th Cir.1987), where this Court found no cause and effect relationship between allegedly discriminatory evaluations of a teacher’s performance and his subsequent denial of tenure. The Court rejected the characterization of the tenure denial as a mere effect of the earlier discriminatory performance evaluations; the tenure denial and performance evaluations were alleged as discrete acts of discrimination. Id. Although the evaluations and the denial of tenure were related, the teacher “could not have known with any degree of certainty [at the time of the evaluations] that he would eventually be denied tenure.” Id. Thus, the teacher was entitled “to develop his contentions” on the discrete denial-of-tenure claim, which accrued within the limitations period. Id. at 1368.