Carefully handling adverse action thwarts AZ employee's retaliation claim

Retaliation claims are the most frequently alleged basis for violations of Title VII of the Civil Rights Act of 1964 and the most common finding of wrongdoing, according to the Equal Employment Opportunity Commission (EEOC). Often, the underlying discrimination allegations will be dismissed, but a court will determine retaliation occurred.

As a result, employers facing an internal discrimination complaint from a current employee must take proper care to investigate and respond. Sometimes employers must deal with a complaining employee who is also the subject of complaints. Under such circumstances, what should you do to support any decisions resulting in adverse employment actions? Here is one example of an employer getting it right.

Facts

Sharon Wilson filed a sex discrimination and retaliation lawsuit against her former employer, Central Arizona Water Conservation District, after she retired in lieu of termination. In the six months before the separation, she complained her supervisor was discriminating against her based on sex. During the same period, the district received complaints about her behavior.

First set of complaints. The first complaints occurred after Wilson and her supervisor met to discuss her performance goals. The supervisor complained to HR because Wilson shouted at him during the meeting. She complained because she said the supervisor shouted at her and treated her differently because of her sex.