Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse employment action and retaliation for engaging in protected activity?
Recent case: Tyrikia first worked for Houma Terrebonne Housing Authority in Louisiana for four years as a clerk, answering the phone and taking applications. Then she quit for a better, more challenging position. But she later returned after her former supervisor arranged for what amounted to a promotion and more responsibility.
By all accounts, Tyrikia was a valued employee for another five years.
Then the authority hired a new executive director, Wayne. He asked her to lunch and if she would attend trainings with him involving overnight travel.
He made comments on her appearance, clothes and weight, making some comment nearly every time he saw he...(register to read more)