James E. Cain v. Michael P.W. Stone, Secretary of the Army, and the Department of the Army

967 F.2d 584 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James E. CAIN, Plaintiff-Appellee, v. Michael P.W. STONE, Secretary of the Army, and the Department of the Army, Defendants-Appellants. No. 91-35276. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 1, 1992. Decided July 6, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 1. Timeliness 2 The Secretary argues that Cain's claim that his race was a determinative factor in Goheen's grade classification is barred by Title VII's statute of limitations. See 42 U.S.C. § 2000e-16(c). Cain acknowledges that he did not appeal the classification or file a discrimination complaint in a timely manner, but argues that the classification is part of a "continuing violation" that includes Retherford's decision to consolidate Force Modernization duties in the Strength Accounting Branch. 3 Under the continuing violation doctrine, a systematic policy of discrimination is…