NC court rejects retaliation claim in failure-to-promote case

A North Carolina federal court recently dismissed an employee’s retaliation complaint. One fact the court took issue with is that the employee didn’t allege the decision makers were aware of his previous equal employment opportunity (EEO) complaints. The case demonstrates why you should become familiar with the lack-of-knowledge defense and consider implementing policies and procedures that will place you in a better position if you're ever faced with a retaliation claim.

Facts

Gilbert H. Amis III was hired as a federal air marshal in 2002 by the Department of Homeland Security. He was promoted to supervisory federal air marshal in 2006 and later, to the position of agency manager. According to Amis, he earned numerous awards and accolades during his employment with the department.

In October 2019, Amis applied for the position of transportation security administration representative with the department but wasn’t hired. According to him, he met the minimum qualification requirements for the position and was referred to the “selecting official,” Robert Vente, for consideration but wasn’t selected for an interview. Later, he was notified another candidate, Haley Gallagher, was hired for the position.

After the department selected Gallagher instead of Amis, he alleged he was unlawfully retaliated against because of his previous engagement in protected activity. He ultimately filed suit asserting the same. The department asked the court to dismiss his lawsuit, and the court granted the request.

Court dismisses Amis’ retaliation claim