Events distant in time can't support retaliation claim, 8th Circuit rules

Many employers have faced the problem of an employee filing a charge with the Equal Employment Opportunity Commission (EEOC) or complaining about discrimination and then having to deal with the individual alleging a subsequent disciplinary or other employment action was in retaliation for the earlier charge or complaint. Your vulnerability to such claims isn't indefinite, however, as a recent decision by the 8th Circuit demonstrates.

Facts

Dassault Falcon Jet hired Robert Gipson, an African American, in 2004 to be a quality control inspector. He was promoted to manufacturing engineer in 2006. In 2011, he filed an EEOC charge as the result of a poor performance evaluation. He received a right-to-sue letter from the agency but elected not to sue. Dassault did assign him to a different supervisor.

In 2012, Gipson was made aware of an offensive e-mail sent around by a colleague that compared an African-American male to a monkey. He reported the e-mail to HR. The employee who sent message was suspended. The suspended employee wasn't Gipson's supervisor or manager, and he wasn't involved in any of the future decisions at issue in this case.

In 2014, Dassault promoted Gipson to senior manufacturing engineer. The promotion came with a small pay raise. About 10 months later, the employer posted an open team leader position through its "Career Opportunities Program" (which facilitates promoting from within). Gipson applied for the position, but HR said he wasn't qualified because he hadn't served in his current job for at least 12 months.