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Refusal By Employer to Remove Letter of Reprimand from Employee’s Personnel File Creates Viable Claim for Retaliation

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity Commission, and the consequent loss of a promotion, could constitute an adverse action sufficient to create a bona fide retaliation claim.  As such, the Court denied a motion to dismiss and permitted pretrial discovery to continue

The case serves as a reminder to employers to evaluate all of the facts prior to taking (or refusing to take) any action against an employee who recently has engaged in protected activity, even if the action may not appear to result in a significant impact on the employee’s terms and conditions of employment.

Jackson Lewis P.C. © 2018

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About this Author

Daniel Duff, Employment Litigator, Jackson Lewis, Long Island Law Firm
Principal

Daniel V. Duff, III, is a Principal in the Long Island, New York, office of Jackson Lewis P.C. He has over 14 years of experience in advising clients in a wide array of employment law and litigation areas, with a focus on affirmation action, diversity, EEO and wage & hour matters.

Mr. Duff has defended numerous OFCCP compliance evaluations and onsites, as well as handled cases/administrative proceedings involving claims of race, gender, age, disability and sex discrimination, including class and collective action cases...

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