In a May 2010 decision, the Eight Circuit Court of Appeals dismissed the retaliation claim of a woman terminated seven months after complaining about alleged sexual harassment. Given that retaliation claims represented 36% of all charges filed with the EEOC in 2009, this case provides a good roadmap for employers to avoid liability for retaliation claims brought by employees disciplined or terminated for performance reasons.
Case Background
In Burkhart v. Am. Railcar Indus., No. S.09-2077-09-3043 (8th Cir. May 10, 2010), the plaintiff was employed as a purchasing employee for American Railcar....
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