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3450 When, in response to a grievance, an employee is told that his/her only remedy is to transfer to another position, the situation has reached a sufficient degree of permanence to prevent the continuing violation doctrine from being applied to conduct that precipitated the grievance, so if that conduct occurred outside the period of limitations, an action based upon it is time-barred; evidence that an employee's supervisor made three sexist remarks is insufficient to rebut an employer's evidence that there was a legitimate, non-discriminatory reason for adverse employment action against the employee.CitationCUCUZZA v CITY OF SANTA CLARA (Continuing Violation) 104 CA4 1031 [See: GovC 12900 et seq, 12960; Richards v CH2M 26 C4 798, T/AT 9/01]
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