One part of the federal law that bans job discrimination (Title VII of the Civil Rights Act) makes it illegal to retaliate against employees who engage in “protected activity,” such as filing a discrimination complaint.
But here’s a key point to remember: That protected activity must be related to discrimination claims under Title VII.
For example, employees who file a state or federal workers’ compensation claim can’t use that action as the basis for their retaliation lawsuit. That’s because neither claim is related to Title VII’s provisions, which cover race and other forms of discrimination.
Recent case: Oscar Jimenez worked as a post office supervisor from 1985 until he retired after being demoted for two months. He sued, claiming the demotion was related to a federal workers’ compensation claim that he filed back in 1994.
But the 5th Circuit Court of Appeals dismissed his case.
It reasoned that Title VII retaliation claims must be based on a protected activity related to Title VII in some way. A workers’ comp claim isn’t one of those protected activities. (Jimenez v. Potter, No. 06-50104, 5th Cir., 2006)
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/2578/workers-comp-claim-cant-be-basis-for-title-vii-retaliation "
- Retaliation: Your #1 risk in job-bias lawsuits
- Step up to a new high-stakes HR role: Stamping out conspiracies to discriminate
- When filing lawsuits, employees not entitled to 'Two bites at the apple'
- Good records are key to winning retaliation lawsuits
- Injury while commuting to swapped shift? That doesn't warrant workers' comp