Retaliatory Discharge: Effective Notice

On April 21, 2005, I submitted a formal written complaint to my former employer regarding discrimination as covered under Title VII of the Civil Rights Act.

On April 28, 2005, I filed charges of discrimination with the EEOC.

On May 5, 2005, I was terminated.

On the "afternoon" of May 5, 2005, my former employer received notice from the EEOC of my complaint via certified letter.

On May 6, 2005, I filed a retaliatory discharge claim with the EEOC.

On May 11, 2005, I filed a claim with the City of Chicago Commission On Human Relations based on discrimination and retaliatory discharge as covered under Chicago Municipal Code, Chapter 2-160.

Was my former employer given sufficient or effective "notice" procedurally, in order to prevail on the retaliatory discharge claims in either forum? If so, when did such notice occur?

Is insufficient "notice" an affirmative defense regarding a claim of retaliatory discharge?

1 answer  |  asked Nov 22, 2005 08:07 AM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
When Protected Activity Occurred

The issue is not when the E/er knew of you complaint form or when they got the complaints from the various EEO agencies. It is when did they know you were "Opposing Discrimination?"

I see no notice problem here. You could create a problem for yourself if you do not timely file another complaint with the various EEO agencies about the term for opposing discrimination. It is not unusual that the underlying case doesn't win but the retaliation for bringing it up does.

This could get a little intricate. I can't imagine you will have a lot of trouble engaging a skilled employee rights lawyer. Find a MEL member in your area at your early convenience. You will be glad you did.

Anthony B. Cameron

posted by Anthony Cameron  |  Nov 25, 2005 4:51 PM [EST]

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