News & Information

 

FEATURED PRODUCT

U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.

Learn More »

LABOR & EMPLOYMENT LAW — 11/18/08

Officer who alleged whistleblower reprisals negated Title VII claims

A Caucasian police commander who alleged that his employer suspended him for fixing tickets in an attempt to cover up its own wrongdoing “pleaded himself right out of court” on his Title VII race and sex bias claims, held the Fourth Circuit Court of Appeals. (Lightner v City of Wilmington, 4thCir, 91 EPD ¶43,352)

The commander, who headed the professional standards division for the city of Wilmington, North Carolina Police Department, argued that he was suspended without pay in direct retaliation for his own internal affairs investigation into the failure of certain traffic officers who were failing to appropriately report automobile accidents. However, by offering that explanation as to the real reason for his adverse employment action, the commander undid his case, found the Fourth Circuit. He took a statute aimed at discrete forms of discrimination and turned it into a general whistleblower statute, whose claims are addressed in state employment and tort law. The circuit court explained: “Title VII was enacted to prohibit discrimination on the basis of race, gender, and other legislatively enumerated grounds. It is not a statute intended to police standards of general fairness in the workplace, or even to protect against the firing of an employee in order to cover up wrongdoing by an employer. If it were interpreted in such an omnibus fashion, it would dilute the noble purposes for which Congress enacted it.” In addition, the commander, also failed to make out a prima facie case of discrimination because he never provided any comparators who held command positions that were accused of the same wrongdoing and were disciplined less harshly than him. Accordingly, the commander’s belief that he was retaliated against for whistleblowing negated his Title VII claims.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

Visit our News Library to read more news stories.