Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.
Recent case: At one point during her time as a Books-a-Million employee, Kimberly Smith asked her boss if she was being discriminated against because of her race. She didn’t say anything more about it until she got a better-paying job with another employer.
Then she sued, alleging pay discrimination. She also said she had been retaliated against when she failed to receive a bonus.
The court nixed the retaliation claim because she hadn’t complained about discrimination—she had merely asked a casual question. The court dismissed her other claims, too. (Smith v. Books-a-Million, No. 09-15478, 11th Cir., 2010)
Final note: Do you perform exit interviews when an employee resigns? If so, document the conversation to show the employee didn’t complain about discrimination.
- Employees must know company disclosure limits
- What are the details on the new, proposed NLRB union election rules?
- 4 best practices you can use to avoid retaliation claims
- Supreme Court to decide key employment law cases this term
- The best defense against bias lawsuits: Equal treatment for all your employees