It will come as no surprise to many employers that retaliation charges under Title VII and similar employment laws are, in many instances, more challenging to prevent and defend than discrimination claims. So there is comfort to be found in a pair of rulings from the Seventh Circuit Court of Appeals today, affirming that an employer’s investigation into alleged workplace misconduct can serve to stave off liability in the event of a retaliation lawsuit.
In Vaughn v. Vilsack, the Court affirmed summary judgment for the Department of Agriculture on a retaliation claim by an employee whose history included multiple EEO claims and at least one employment discrimination lawsuit that had resulted in a settlement. The employee, however, had been involved in a romantic relationship with a female co-worker and after the relationship ended the co-worker raised complaints that the Plaintiff was subjecting her to harassment. The employer investigated and took action to ensure the two no longer worked together, and eventually settled a claim by the female co-worker that included an agreement to separate the two in the workplace. Plaintiff sued, alleging retaliation based upon, among other things, an allegation that he was being denied overtime. The Court affirmed summary judgment for the employer, agreeing that the Plaintiff failed to establish a prima facie case of retaliation but that even if he had, the employer’s decisions were not a pretext for retaliation. Of note for employers who are faced with a similar situation of allegations brought by one co-worker against another, the Court stated that an employee who sexually harasses a co-worker “cannot be meeting his employer’s legitimate expectations by any stretch of the imagination.” In Collins v. American Red Cross, another Seventh Circuit panel upheld summary judgment in favor of an employer who discharged an employee for workplace misconduct and then found itself defending a race discrimination and retaliation lawsuit. While the Court found fault with the employer’s written report of its investigation into complaints by co-workers about the Plaintiff, the Court nevertheless determined that Plaintiff’s claims could not survive summary judgment. Even if an employer’s investigative report is “sloppy” or “mistaken,” the Court noted, “Title VII does not forbid sloppy, mistaken, or unfair terminations; it forbids discriminatory or retaliatory terminations.” The Plaintiff had shown, at most, that the conclusions of the investigation were wrong, but only provided speculation that the conclusions were wrong because the Plaintiff previously had filed an EEOC charge a year earlier. Without a causal connection, her retaliation claim failed. These two opinions (from a combined six appellate judges) illustrate yet again that when faced with an internal complaint, employers should investigate and take appropriate action, not only to correct the situation but also to lay the groundwork for a defense should a Charge or lawsuit come to pass.Internal Investigations Can Be Crucial to Defense Against Retaliation Claims
RELATED ARTICLES
Workplace Culture 2.0: More Leadership, Less Management
May 29, 2018 | Workplace Culture and Conduct, Currents - Employment Law
Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2
April 4, 2018 | Workplace Culture and Conduct, Currents - Employment Law
Sixth Circuit Holds Transgender Status Protected Under Title VII
March 12, 2018 | EEOC, Employment Discrimination, Employment Lessons, Workplace Culture and Conduct, Currents - Employment Law
Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination
February 27, 2018 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court
December 28, 2017 | Employment Discrimination, Employment Lessons, Pregnancy, Currents - Employment Law
Workplace Culture 2.0: More Leadership, Less Management
May 29, 2018 | Workplace Culture and Conduct, Currents - Employment Law
Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2
April 4, 2018 | Workplace Culture and Conduct, Currents - Employment Law
Sixth Circuit Holds Transgender Status Protected Under Title VII
March 12, 2018 | EEOC, Employment Discrimination, Employment Lessons, Workplace Culture and Conduct, Currents - Employment Law
Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination
February 27, 2018 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court
December 28, 2017 | Employment Discrimination, Employment Lessons, Pregnancy, Currents - Employment Law
(Informal) Survey Says: Most Employers Not Waiting for Courts to Decide Whether Title VII Covers Sexual Orientation
November 7, 2017 | Employment Discrimination, Currents - Employment Law
The Gradual But Decided Shift to a Much More Complex World of Employment Law
September 29, 2017 | Employment Discrimination, Currents - Employment Law
U.S. Supreme Court is Asked to Answer the Question: What Do You Mean by ‘Sex’?
September 11, 2017 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches
August 31, 2017 | EEOC, Currents - Employment Law
Seventh Circuit Says EEOC May Press on With Enforcement Efforts After Right-to-Sue
August 17, 2017 | EEOC, Employment Lessons, Currents - Employment Law
Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case
August 8, 2017 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Sticks and Stones: When Texts and Emails Will Hurt You
July 18, 2017 | Employment Discrimination, Currents - Employment Law
Firing an Employee? Avoid Litigation by Carefully Reviewing the Issues
July 7, 2017 | Employment Discrimination, Currents - Employment Law
Court Invites EEOC’s Opinion on Whether Title VII Prohibits Sexual Orientation Discrimination
June 5, 2017 | Employment Discrimination, Currents - Employment Law
Second Circuit Takes Second Look at Sexual Orientation Discrimination Under Title VII
May 26, 2017 | Employment Discrimination, Currents - Employment Law
Court Tells Skydiver’s Estate It Won’t Reconsider Title VII Claim
April 19, 2017 | Employment Discrimination, Currents - Employment Law
EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers
September 29, 2016 | EEOC, Currents - Employment Law
War Over Sexual Orientation and Title VII Rages On
September 22, 2016 | Employment Discrimination, Currents - Employment Law
More Flu Vaccine News: EEOC Once Again Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII
August 19, 2016 | EEOC, Currents - Employment Law
More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII
July 11, 2016 | EEOC, Currents - Employment Law
Transgender Bathroom Access Addressed in New EEOC Fact Sheet
May 6, 2016 | Employment Discrimination, Currents - Employment Law
Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII
April 18, 2016 | Employment Discrimination, Currents - Employment Law
EEOC Continues Visible Stance on Sexual Orientation Discrimination Protection
March 9, 2016 | EEOC, Currents - Employment Law
Refusal to Exempt Employee from “Mark of the Beast” Hand Scanner Proves Damning for Company
February 16, 2016 | EEOC, Currents - Employment Law
Do You Even Lift, Bro? How A Case Of Seemingly Innocent Workplace Bullying Can Blindside Your Company With A Title VII Lawsuit
November 30, 2015 | Employment Discrimination, Currents - Employment Law
Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed
November 23, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
Employers: Twitter is Going Crazy Over The #InternationalMensDay Hashtag
November 19, 2015 | Social Media and Technology, Currents - Employment Law
Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination
September 4, 2015 | Employment Discrimination, Currents - Employment Law
Not All Good Deeds Are Punished: A Paid Suspension Is Not An Adverse Employment Action For Title VII
August 19, 2015 | Employment Discrimination, Currents - Employment Law
UPS’ Employment Policies Come Under Scrutiny, Again
July 21, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
“Perceived as” Religious Bias Claims? – A Federal Court in Michigan Says “Yes”
July 13, 2015 | Employment Discrimination, Currents - Employment Law
Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes
June 22, 2015 | Employment Discrimination, Currents - Employment Law
EEOC Targets Minnesota Company For Alleged Transgender Discrimination
June 17, 2015 | EEOC, Currents - Employment Law
Transgender Status in the Workplace – First an EEOC Issue and Now an OSHA Issue?
May 28, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
Paradigm Shift: Triple Standard of Reasonable Accommodations
April 30, 2015 | Employment Discrimination, Pregnancy, Currents - Employment Law
Unanimity and Clarity: U.S. Supreme Court Outlines Standards for Judicial Review of EEOC Conciliation
April 29, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
U.S. Supreme Court to Provide Guidance on Constructive Discharge Statute of Limitations Period
April 29, 2015 | Employment Discrimination, Currents - Employment Law
A Single “Heil Hitler” Not Hostile Enough, Says the Fifth Circuit
March 17, 2015 | Employment Discrimination, Currents - Employment Law
Saks Settles Controversial Transgender Discrimination Case
March 9, 2015 | Employment Discrimination, Currents - Employment Law
Who Knew? U.S. Supreme Court Justices Offer Employment Tips
February 26, 2015 | Employment Discrimination, Currents - Employment Law
Prior Protected Activity Did Not Immunize Employee from Later Bad Acts
December 22, 2014 | Employment Discrimination, Currents - Employment Law
Recent Case In Michigan Highlights Increased Focus On Transgender Discrimination
November 7, 2014 | Employment Discrimination, Currents - Employment Law
EEOC Part of Increasing Focus on LGBT Issues
October 31, 2014 | EEOC, Currents - Employment Law
There’s No Question – The EEOC’s Strategic Enforcement Plan Is In Full Bloom
October 2, 2014 | EEOC, Currents - Employment Law
EEOC SUES TWO EMPLOYERS FOR TRANSGENDER DISCRIMINATION
September 30, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
Home Sweet Home? Employers and Employees Are Just Scratching the Surface of How Work and Home Fit Together
August 22, 2014 | Letter of the Law, Currents - Employment Law
When “I Love You” May Be Too Much
August 15, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
Could Corporate Wellness Programs Land A Business in Hot Water?
August 14, 2014 | EEOC, Currents - Employment Law
Florida Supreme Court Resolves Split in Lower Court – Pregnancy Is a Protected Class under Florida Civil Rights Act
April 21, 2014 | Employee Health Issues, Employment Discrimination, Pregnancy, Currents - Employment Law
Second Circuit Upholds Dismissal of Untimely Filed State Law Claims from Title VII Harassment Suit
March 17, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
Third Circuit Rejects Plaintiff’s Claims That Entity To Whom She Provided Consulting Services Was Her “Employer” Under Title VII or the NJLAD
January 24, 2014 | Employment Discrimination, Currents - Employment Law
A Quick Reminder Regarding Complaints in the Workplace
October 23, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
A Supreme Court Update: Notes on Wednesday’s Oral Argument About Title VII Retaliation Claims
April 25, 2013 | Employment Discrimination, Currents - Employment Law
High Court to Decide Whether “but-for” Standard Applies to Retaliation Claims Under Title VII
January 23, 2013 | Employment Discrimination, Currents - Employment Law
“Employee” Status Not Necessarily Dependent on Compensation
December 10, 2012 | Employment Discrimination, Currents - Employment Law
Supreme Court Examines “Supervisor” Definition In Bias Suits
November 27, 2012 | Employment Discrimination, Currents - Employment Law
EEOC Releases Q&A Fact Sheet On Application of Title VII and ADA to Victims of Domestic Violence, Sexual Assault, and Stalking
October 26, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
On The Radar: Supreme Court Set to Resolve Circuit Split as to Definition of Supervisor Under Title VII
October 24, 2012 | Employment Discrimination, Currents - Employment Law
To Avoid Employer Liability for Harassment, Keep an Eye on “Supervisors”
September 17, 2012 | Employment Discrimination, Currents - Employment Law
EEOC Sues Burger King Franchisee Over Employee’s Religious Accommodation Request
August 27, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Plaintiff’s Efforts to Preclude Her Deposition in Discrimination/Retaliation Suit Rejected by U.S. District Court for the Eastern District of North Carolina
June 13, 2012 | Employment Discrimination, Currents - Employment Law
Business Groups Join In Request For EEOC To Pay For Title VII Case
June 11, 2012 | EEOC, Currents - Employment Law
EEOC Finds that Transgender Workers Are Protected by Title VII
June 4, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Illegal Immigration Status Is Not Protected By Title VII
May 24, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center