In Haynes v. Level 3 Commc’ns, a female sales manager was terminated pursuant to a reduction in force. She claimed that her selection was based on sex discrimination and was improper. In accordance with the trial court, the U.S. Court of Appeals for the 10th Circuit held that her selection was based upon neutral reasons. She wanted to offer evidence that a male supervisor shifted her sales accounts to a younger male colleague and placed her on a “performance improvement plan” in retaliation for her bias complaints. The Court refused to permit her to pursue such claims since she had failed to file a charge alleging those acts within 300 days of their occurrences.

Haynes petitioned the U.S. Supreme Court to review the case and permit her to claim a “continuing violation” of Title VII, stating “[i]t is incongruous to think that Congress intended a limitation on such evidence of discriminatory animus just because it was more than 300 days old.” However, she was unable to cite to any conflicting federal cases. The Supreme Court declined to review the decision of the 10th Circuit.