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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Court changes law concerning when a plaintiff can pursue a retaliation claim where the retaliation claim was not mentioned in the administrative charge.

Clockedile v. New Hampshire Dept. of Corrections, 245 F.3d 1 (1st Cir. March 30, 2001) - Plaintiff filed administrative charge alleging sexual harassment and retaliation. Jury found in favor of plaintiff on retaliation claim, but the verdict was based on retaliatory acts that occurred after the charge was filed. Based on the teachings of Johnson v. General Electric, 840 F.2d 132 (1st Cir. 1988), the district court set aside the jury verdict because the pertinent retaliation was not alleged in the administrative complaint. The three judge panel (with the knowledge of all active judges) overrules Johnson. The Court announces a new rule for retaliation claims only: "retaliation claims [that are not mentioned in the administrative charge] are preserved so long as the retaliation is reasonably related to and grows out of the discrimination complained of to the agency -- e.g., the retaliation is for filing the agency complaint itself." The Court also goes on to find that there was sufficient evidence to support the jury verdict. Click here to see actual case.