Category Archives: Uncategorized

Third-party Retaliation Under Title VII

The Supreme Court held that the protections of Title VII of the Civil Rights Act extend to those who claim third-party retaliation.

The wife of Plaintiff filed a gender discrimination claim with the  United States Equal Employment Opportunity Commission (“EEOC”) against the subsidiary of a company. Soon after, the company fired Plaintiff. Plaintiff sued for retaliation. The District Court, however, granted summary judgment for the company. The district court held that Title VII of the Civil Rights Act does not permit third-party retaliation claims. On appeal the United States Court of Appeals for the Sixth Circuit affirmed, holding that Plaintiff was not entitled to sue for retaliation since he had not engaged in any activity protected by the statute.

The Supreme Court reversed and remanded, concluding that Plaintiff’s firing stated a claim of unlawful retaliation. The Court held that the “person aggrieved” term used in Title VII incorporates the zone of interest test of the Administrative Procedure Act and that Plaintiff was a “person aggrieved” because Title VII’s purpose is to protect employees from their employers’ unlawful actions.

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070 or jmccollum@jmlaw.net.

 

District of Columbia Passes the Unemployed Anti-Discrimination Act of 2011

Earlier this year, the District of Columbia enacted the Unemployed Anti-Discrimination Amendment Act of 2011.  This new law amends the District of Columbia’s existing Human Rights Act of 1977 by making it illegal for employment agencies and employers to discriminate against a person because of past or present unemployment, regardless of the length of time such an individual was unemployed.

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070 or jmccollum@jmlaw.net.

District of Columbia Court of Appeals Orders Office of Employee Appeals to Comply with 120 Day Deadline for Rendering Initial Decisions

According to the District of Columbia Court of Appeals, the Office of Employee Appeals (“OEA”) has not been complying with a rule that initial decisions should be issued within 120 days in District of Columbia public employee cases. That practice should come to an end, thanks to a recent decision by the Court of Appeals. It ordered OEA to comply with 6 DCMR 632.1, which mandates that an initial decision be rendered within 120 days from the filing of a complete petition for appeal.

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070 or jmccollum@jmlaw.net.