Can an employer discriminate against an employee who is adversely affected by an adverse employment decision?

MultiRegion, United States of America

The following excerpt is from Bradford v. Washoe County, School Dist., 37 F.3d 1504 (9th Cir. 1994):

Title VII provides that it is unlawful for an employer to discriminate against any employee "because [she] has opposed any practice made an unlawful employment practice by this subchapter, or because [she] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." 42 U.S.C. Sec. 2000e-3(a). The fact that the management personnel engaging in an adverse employment decision are aware that the employee adversely affected has made allegations of employment discrimination is sufficient to support an inference of retaliatory motive. Miller v. Fairchild Indus., 885 F.2d 498, 505 (9th Cir.1989), cert. denied 494 U.S. 1056 (1990).

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