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Did You Know? Employers Cannot Retaliate Against Employee Testifying

August 30, 2022

The Eleventh Circuit Court of Appeals recently ruled that Title VII’s anti-retaliation provision extends to an HR manager’s testimony against a former employer.

In December 2015, the plaintiff was hired as a senior HR manager in Alabama. Prior to this, the plaintiff had been an HR manager at a healthcare provider.

On June 29, 2017, the plaintiff attended a deposition after being subpoenaed by three former employees of her former employer. The three former employees were terminated while pregnant and on leave under the Family and Medical Leave Act.

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When the plaintiff returned to work, her supervisor asked about her deposition. The plaintiff told her supervisor that she testified “on behalf of the ladies.” In response, her supervisor told her that meant she “went against” her previous employer and having done so “made things clear” to him. Seven days later, on July 19, the plaintiff was terminated.

The plaintiff sued, alleging unlawful retaliation under Title VII of the Civil Rights Act of 1964.

Strictly construing the text of Title VII’s anti-retaliation provision, the Eleventh Circuit stated that Title VII makes it “an unlawful employment practice for an employer to discriminate against any of its employees … because she has opposed any unlawful practice, or because she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this subchapter.”

The court found there was nothing that makes it lawful to retaliate against an employee for opposing conduct, even if the employee’s opposition was due to her prior employer’s conduct. Simply put, the text forbids retaliation against any individual for opposing any unlawful practice prohibited by Title VII.

If you have any questions or concerns regarding this or any other matter, please contact the attorneys at Warrick & Boyn, LLP.

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Elkhart, Indiana 46516
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