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An employee may initiate multiple claims of discriminatory treatment within a charge of discrimination and in a complaint filed in litigation. There may be multiple claims based on protected classifications that arguably have been violated and can be included within the same litigation if the alleged facts support distinct, recognized claims.
Consider the following: Bob filed a federal lawsuit alleging sexual harassment and retaliation in separate counts within his complaint. He has alleged that he was subjected to a hostile work environment after informally confronting his supervisor about the supervisor’s insinuations that another employee was involved in a relationship with a co-worker, telling that supervisor not to touch him after he, twice within one week, touched the shoulder from behind, and informing that supervisor he would only return to work if he stopped touching him. Bob argued that he was “constructively terminated” by the supervisor’s actions. He filed a two-count complaint, based on his EEOC charge of discrimination for sexual harassment and retaliation.
The employer is contending that Bob’s claims of sexual harassment amounted to “mere rejections” of alleged inappropriate sexual conduct and that he did not engage in protected opposition sufficient to state a retaliation cause of action. Has Bob sufficiently raised a claim for “retaliation” under Title VII? The employer is contending, at best, there is only a sexual harassment claim. That claim, according to the employer’s defense counsel, must be further dismissed because Bob failed to utilize the company’s complaint-reporting mechanisms within its sexual harassment policy and that he should not have voluntarily quit. What do you think, based upon your reading, study and knowledge of these subject matters from your course? Please engage in thoughtful discussion about the merits and defenses of Bob’s, and the employer’s, respective positions.
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