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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 alleg-
edly 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 evalua-
tions] 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 lim-
itations period. Id. at 1368.