Supreme Court of the United States Writ of Certiorari Filed in SEL Retaliation Case

On January 13, 2021, Virginia Employment Law, in conjunction with the UVA Supreme Court Litigation Clinic (UVA Clinic), was thrilled to see a Writ of Certiorari docketed at the SCOTUS (Docket Entry). This case, briefly, involves a female attorney who was punched in the back by a male co-worker & then terminated from employment shortly after complaining. There is a circuit split as to whether retaliation for reporting discrimination on the basis of protected class-status is cognizable under the Equal Protection Clause of the Fourteenth Amendment. Notably, Title VII did not apply in this case because the employer employed under 15 employees. A response is expected in February of 2021.

Categories: Firm News