Unfounded discrimination charge doesn't prevent retaliation claim

Many employers must face disputed discrimination charges followed by a retaliation claim based on the initial bias complaint. Just because the underlying discrimination claim is found to be without merit doesn't foreclose a successful retaliation case, the 8th Circuit recently ruled.

Tense situations

On January 28, 2013, the U.S. Army hired Nycoca Hairston as a general supply specialist at the Pine Bluff Arsenal. Her immediate supervisor was Duane Johnson, and her second-level supervisor was Deborah Moncrief. The first year of her employment was a probationary period.

Over the next several months, Hairston observed several actions by Johnson she considered to be sexually inappropriate. During the same period, there were complaints about Hairston's inability to get along with coworkers. The tension came to a head after a party during office hours when Hairston alleged Johnson picked up a saltshaker and deliberately dropped it down the front of her blouse.

On August 29, 2013, Hairston discussed the incident with John Bynum, an equal employment opportunity (EEO) assistant at the arsenal. She declined his recommendation, however, to file a formal report about the matter.

Nonetheless, the next day Bynum informed his superior and the arsenal's EEO manager, Sharon Bolden, about his discussion with Hairston. Bolden directed him to draft a memo about the discussion. Shortly thereafter, Bolden brought the matter to the attention of Moncrief, Hairston's second-level supervisor, who in turn made Johnson aware of the allegations.