In Title VII retaliation cases, no knowledge means no claim

The U.S. 5th Circuit Court of Appeals (which covers all Texas employers) just gave us an important reminder about how to defeat the increasingly popular claim of retaliation under Title VII of the Civil Rights Act of 1964 .

Opposition

Kelly Dietrich worked for UPS in a variety of positions, including as a delivery vehicle package pre-loader.

Dietrich complained to manager Mike Lentz about sexual harassment in the workplace. She later filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) over her claim. Her conduct clearly falls within the category of opposing unlawful discrimination.

Alleged retaliation

Later, Dietrich won a competitive bid to participate in a delivery vehicle driver training program. Her trainer was James Shipp, who determined she flunked out of the program.

Shipp informed his boss, Paul Phillips, who, in turn, delivered the news to Dietrich. She alleged she responded by telling Phillips that Lentz told him she “could not pass the program.”