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Robinson v. Shell Oil Co.
No. 95-1376 (U.S. Feb. 18, 1997). ; Clearinghouse Number: 52218
Description
Former Employee May Sue Employer for Alleged Postemployment Discrimination Under Title VII
Abstract
The Supreme Court has held that respondent employer may be held
liable under Title VII for allegedly retaliatory postemployment
actions. After he was fired by employer, petitioner employee filed
an employment discrimination charge with the Equal Employment
Opportunity Commission. Employee claimed that employer gave him a
negative reference in violation of section 704(a) of Title VII,
which makes it unlawful for an employer to discriminate against an
employees who have availed themselves of Title VII’s
protections. The district court dismissed employee’s action,
and the court of appeals affirmed. Reversing, the Supreme Court
held that, the term "employees" as used in section 704(a)
includes former employees and therefore petitioner may sue
respondent employer for its allegedly retaliatory postemployment
actions. The Court noted that a holding that former employees are
included within section 704(a)’s coverage is consistent with
the broader context provided by Title VII’s other sections
and with section 704(a)’s primary purpose of maintaining
unfettered access to Title VII’s remedial mechanisms.
