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Posts tagged "retaliation"

Recent Sixth Circuit Decision Expands the Scope of "Protected Activity" Under Title VII Discrimination and May Lead to a "New Breed" of Cases

In a case entitled EEOC v New Breed Logistics, the Sixth Circuit Court of Appeals affirmed the district court's denial of the defendant-employer's motions for judgment as a matter of law or a new trial following the jury's determination that New Breed's supervisor engaged in sexual harassment and retaliation under Title VII. During the trial, plaintiff presented evidence, that the appeals court deemed sufficient, showing New Breed's supervisors were cognizant of the sexual harassment when they terminated each employee, and that the employees' "protected activity" constituted "the but-for cause of the adverse employment actions taken against any claimant." Further, New Breed was not entitled to a new trial on the sexual harassment issue because the supervisor's harassment caused a "tangible employment action for which New Breed should be vicariously liable[.]"

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