Court: U.S. Court of Appeals 3rd Circuit

In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds
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A recent case, Ellis v. Bank of New York Mellon Corp., 2021 WL 829620 (3d Cir. March 4, 2021), involves an increasingly-common scenario: an employee of a (non-public) employer suffers a negative job action due to their outside-work social-media posting(s). In this case, the plaintiff (who is white) was terminated following her alleged Facebook post…

Read More Title VII Race Discrimination Dismissal Affirmed; Termination For Controversial Social Media Posts Was Not Unlawful Discrimination
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