Labor & Employment Law

In a recent case, the 6^th Circuit Court of Appeals ruled that Title VII permits claims against an employer for acts of retaliation by coworkers.  According to the court, an employer will be liable for a coworker's actions if: (1) the coworkers? retaliatory conduct is sufficiently severe so as to dissuade a reasonable worker from making or supporting a charge of discrimination; (2) supervisors or members of management have actual or constructive knowledge of the coworker's retaliatory behavior; and (3) supervisors or members of management have condoned, tolerated, or encouraged the acts of retaliation, or have responded to the plaintiff's complaints so inadequately that the response manifests indifference or unreasonableness under the circumstances. The case is Hawkins v. Andheuser-Busch, Inc. and can be read here.