SW Legal studies in Business

Retaliation Claims May Be Added to Discrimination Suit After EEOC Right to Sue Letter Issued
Description Appeals court held that when an employee files a discrimination claim under Title VII with the EEOC, and is eventually issued a right to sue letter, that retaliation that arises on the job after the EEOC filing may be added to the claims brought in court, without a new EEOC filing, when the retaliation is related to the original discrimination claim.
Topic Employment Discrimination
Key Words Retaliation; Right to Sue Letter
C A S E   S U M M A R Y
Facts Clockedile filed a complaint of sexual harassment against her employer. She contended that for the next year she was subject to retaliation. At some point during the year she received a right to sue letter from the EEOC, after which she brought suit for sexual harassment and quit work, claiming constructive discharge due to harassment and retaliation. The jury awarded her $129,000 on the retaliation claim but found against her on the sexual harassment claim. The judge then granted the employer's motion for judgment as a matter of law because the initial complaint to the EEOC, and the right to sue letter, was only for sexual harassment, not retaliation, so the jury could not find for her on the basis of retaliation. Clockedile appealed.
Decision Reversed. The retaliation claims were not precluded from consideration even though a retaliation claim was never filed with the EEOC since the retaliation was reasonably related to and grew out of the alleged discrimination claim that was originally reported to the EEOC. Retaliation claims are preserved so long as the retaliation arises from the original matter complained of to the EEOC.
Citation Clockedile v. New Hampshire Department of Corrections, - F.3d - (2001 WL 293201, 1st Cir., 2001)

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