Stacey Pitcher Quoted in "Should Special Retaliation Rule Apply to HR?" Bloomberg BNA January 27, 2016
Stacey L. Pitcher, a partner in Goldberg Segalla’s Employment and Labor Practice Group, spoke to Bloomberg BNA for an article examining the so-called “manager rule” under Title VII of the 1964 Civil Rights Act. Under this rule, which is recognized by federal courts in some parts of the country, employees who are tasked as part of their job description with receiving and reporting job bias complaints don't engage in protected activity for purposes of Title VII's anti-retaliation protections merely by taking such complaints or relaying them to upper management.
Stacey told Bloomberg BNA employers favor the manager rule, which requires such workers to do something more to oppose discrimination, because otherwise these employees might be able to build a retaliation claim just by doing their job, making it risky to discipline them when it's otherwise appropriate to do so.
Anything that increases the range of employees who can bring retaliation claims under Title VII and similar laws, she noted, “has real potential to open up the litigation floodgates.”
Read the article here:
- “Should Special Retaliation Rule Apply to HR?” Bloomberg BNA, January 27, 2016