Poor Timing Alone Doesn't Equal Retaliation


In a recent lawsuit under Title VII of the Civil Rights Act of 1964, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Missouri employers) upheld the trial court’s decision that a hospital didn’t discriminate against one of its African-American surgical technologists based on her race or retaliate against her for lodging a discrimination complaint.

Janice Wright claimed that the suspicious timing of her termination — just 48 minutes after she complained of race discrimination — was clear evidence of retaliation. That several other African Americans were fired over a two-year period, according to Wright, provided further evidence of discrimination. Finally, she argued that the hospital’s performance expectations were impossible to meet and were different for white employees — the effect, she claimed, was that she was set up to fail.

Originally published in Missouri Employment Law Letter in November 2013.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Civil Rights Act, Racial Discrimination, Retaliation, Title VII

Published In: Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Armstrong Teasdale LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »