David C. Henderson, a member of the firm's Labor, Employment and Benefits practice group, published "Employer May Be Liable for Discharge Resulting from Report of Jilted HR Manager" in HR Magazine's online edition on June 13.
David's article briefly discusses Velazquez-Perez v. Developers Diversified Realty Corp., No. 12-2226 (May 23, 2014). In that case, the U.S. Court of Appeals for the First Circuit ruled that a shopping center management company can be liable for the discharge of its regional general manager based on unlawfully discriminatory reports from a non-supervisory human resources representative. Notably, this human resources representative was alleged to have been an employee whose sexual advances the general manager had resisted. According to this ruling, the employer could be liable under Title VII for negligently allowing the discriminatory acts to cause the discharge, even though it did not intend to violate the law.
As David points out, Velazquez-Perez is significant. It expands employers' potential liability under Title VII by allowing a quid pro quo sexual harassment claim for wrongful discharge based on the conjunction of employer negligence and unlawfully discriminatory behavior by a non-supervisor.
To view the article, click here.
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