There is more bad news for employers in a recent Sixth Circuit Court of Appeals opinion that reversed, in part, a district court’s dismissal of one particular hostile work environment claim.
In Yazdian v Conmed Endoscopic Technologies, Inc., the employee complained to his direct supervisor that there was a “hostile work environment” and that “he would respond with counsel…and charges.”
The appellate court found that these statements, without mention of any protected status, discrimination, or civil rights laws, were sufficient to put the employer on notice that the employee was complaining about unlawful discrimination. Once on notice, the employer’s duty to investigate and take prompt and appropriate action is triggered.
So, it is a good practice to always investigate whenever an employee complains about a “hostile work environment.” And, yes, employees sprinkle those terms around like salt on popcorn, but failure to investigate will result in the employer losing a major affirmative defense.
The news got even worse for the employer in Yazdian. The appellate court also found that the supervisor provided direct evidence of a retaliatory motive by pointing to the employee’s complaint of a hostile work environment as evidence of the employee’s unwillingness to accept constructive criticism. The court noted that summary dismissal is not proper when the employer cites the employee’s “tone of voice or manner of speaking” (or attitude) as the cause of termination, especially in the context of a Title VII claim of retaliation.
The takeaway here… it is always wise to consult with employment counsel prior to making termination decisions and preparing discharge documents.
- Of Counsel
An of counsel attorney in the firm’s Detroit office, Claudia D. Orr exclusively represents and advises employers and management in employment and labor law matters.
Ms. Orr has an ever-growing practice in Alternative Dispute ...
Comments
Add a comment
Subscribe
RSSTopics
- Labor Law
- Human Resources
- Wage & Hour
- Employment Liability
- Minimum Wage
- Unemployment Benefits
- Employment Agreement
- Whistleblower Protection Act
- Employment Discrimination
- At Will Employment
- Equal Employment Opportunity Commission (EEOC)
- COVID-19
- Department of Labor (DOL)
- Fair Labor Standards Act (FLSA)
- Coronavirus
- Paid Medical Leave Act (PMLA)
- Regulatory Law
- Family Medical Leave Act (FMLA)
- OSHA Issues
- Americans With Disabilities Act (ADA)
- National Labor Relations Act
- Title VII
- Retaliation
- Sick Leave
- Contracts
- Workplace Harassment
- Hostile Work Environment
- Business Risk Management
- Noncompete Agreements
- National Labor Relations Board
- Department of Justice
- Transgender Issues
- ERISA
- Workers' Compensation
- Medicare Issues
- Cannabis
- LGBTQ
- Sexual Harassment
- Class Actions
- Garnishments
- Civil Rights
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Tax Law
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Michigan Appellate Court Overturns Decision on Minimum Wage, Paid Sick Leave Requirements
- Michigan Supreme Court Ruling Could Result in High Exposure Claims Against Employers
- FTC Proposes Ban on All Employer Noncompete Agreements
- Court Delays Ruling on Fate of Michigan’s Paid Sick Leave, Minimum Wage Laws Until February 2023
- Michigan Supreme Court Affirms State’s Civil Right Law Prohibits Discrimination Based on Sexual Orientation
- DOJ Issues Guidance on ADA, Opioid Crisis Issues
- Congress Passes Law, With Retroactive Effect, to Invalidate Forced Arbitration Provisions at the Employee’s Election
- U.S. Supreme Court Temporarily Blocks Implementation of Vaccine Requirement for Large Businesses
- Contractual Limitations Periods STILL Alive and Well... on job Applications!
- Federal Appellate Court Takes Brakes Off COVID-19 Vaccine Mandate Carousel