The Fourth Circuit Court of Appeals reaffirms the factual standard necessary to support a **Claim for Retaliation under Title VII*
- brnleonard
- Nov 7, 2024
- 1 min read
šØ **Important Employment Law Update** šØ
**Case:** Tijuana Decoster v. Xavier Becerra, No. 22-1931 (4th Cir. 2024)
**What happened:**
The Fourth Circuit Court of Appeals reaffirms the factual standard necessary to support a **Claim for Retaliation under Title VII**.
**Key Legal Standard for Retaliation (Fourth Circuit):**
To make a prima facie case, a plaintiff must show:
1ļøā£ They engaged in protected activity,
2ļøā£ The employer acted adversely against them,
3ļøā£ A causal connection between the protected activity and the adverse action.
**Courtās Reasoning:**
- Plaintiff complained to HR about a workplace issue.
- She was then notified of a transfer to a status leading to termination.
- The employer suggested the transfer wouldnāt happen if she dropped her complaint, and the supervisor and HR knew of the complaint.
- The court found this would have dissuaded a reasonable employee from engaging in protected activity.
**Outcome:**
- Sufficient to **survive a motion to dismiss (12(b)(6)) for Retaliation**.
- **Hostile Work Environment** claims, however, require more than just negative performance reviews; there must be severe actions like:
1. Rumors attacking personal merit,
2. Undermining supervisory authority,
3. Threats to physical safety.
- **Constructive Discharge** requires āobjective intolerability,ā more than what is needed for hostile work environment claims. The Fourth Circuit hasnāt adopted a standard where an employee believes termination is imminent.
**Why it matters:**
This case is an important reaffirmation of the **retaliation standard** in the Fourth Circuit, while also emphasizing the high burden to prove a hostile work environment or constructive discharge claim.
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