LAW 664 Lecture Notes - Lecture 5: Civil Rights Act Of 1964, Affirmative Defense, Candela
6 Jun 2020
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Laughlin: employee took confidential papers and documents when another proceeding is taking place against another employee because she believes a cover up is happening, district court: not a protected activity because her actions were secretive and disloyal. Employer action might well have dissuaded a reasonable worker from making or supporting a charge of discrimination. (white and thompson) Reasonable employee= objective test: a causal connection existed between the protected activity and the employer"s materially adverse action. 2: burden of production shifts to employer to show legitimate non-retaliatory reason for employer"s action, employee must show the employer"s reason is pretext for retaliation. Thompson: employer fired the fianc e of complaining employee after the fianc e filed a complaint with the eeoc, issue: was employer"s action unlawful retaliation, yes, if the facts were true, sec. 3 cannot reasonable be assumed congress intended to permit the suit. : broader protections for retaliation: even though statutory language is more narrow the courts have extended it.
