Here’s a unique spin on a retaliation claim: An employee files an internal complaint alleging his supervisor is discriminating against him. Then the supervisor files his own internal complaint against the employee. Is that retaliation?
Not according to the court in this case.
Recent case: Rudolph Alexander, who is black, is a tenured professor of social work at Ohio State University. When a new dean arrived at the College of Social Work, Alexander began complaining about what he perceived as racial discrimination.
He claimed, for example, that he was getting smaller raises than other, nonblack professors. He also claimed the new dean removed him from a departmental role and relegated him to lesser duties.
But Alexander didn’t just complain. He also refused to sign a new pledge that said social workers should accept homosexuality, claiming such a view might not be consistent with religious views and might infringe on students’ civil rights. He called the dean a “leprechaun,” “gay” and a “liar.” He suggested the dean had AIDS and might intimidate faculty by “getting in their face.” Alexander also sent an email to the university’s attorney counsel saying that when he saw the dean, “I want to punch him in the face.”
The dean then filed an internal complaint against Alexander, who promptly sued, alleging retaliation.
But the court quickly tossed out the case, reasoning that the dean’s internal complaint wasn’t retaliation, given the documented behavior that prompted it. (Alexander v. Ohio State, No. 10-3358, 6th Cir., 2011)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/18535/when-workers-and-bosses-trade-accusations-prepare-to-sort-out-retaliation-claims "
- It's a buyer's market: Hire the best candidates over those who meet minimum requirements
- You can survive a harassment lawsuit! Help your cause by acting fast
- The Geo Group hit with religious discrimination suit
- Union contract doesn't mean automatic claims arbitration
- Independent review can catch retaliation