Workplace Retaliation: Claim Fails When Employees Age Discrimination Opposition Seen as Unclear

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Workplace Retaliation Claim Fails When Employees Age Discrimination Opposition Seen as Unclear.jpg

In a recent workplace retaliation case, the claim failed when a California appeals court ruled that the employer could not possibly have been aware of their former employee's actions taken to oppose the age discrimination of a co-worker at the company. 

All the Details of the Case: Susan Colborn, Plaintiff and Appellant, v. Chevron U.S.A. Inc., Defendant

Court: Court of Appeal of the State of California, First Appellate District, Division Two

The Plaintiff, Susan Colborn, is a former employee of the Defendant, Chevron. The Plaintiff alleges she worked for Chevron from 1988 until she was terminated in March 2011. 

History of the Case: Susan Colborn v. Chevron U.S.A. Inc.

Colborn alleges that in January 2011, Chevron management assigned her direct report a low-performance rank - lower than what they previously agreed on. As a result, Colborn claims she contacted HR to lodge a complaint that the final ranking given to her direct report was not fair. According to the suit, the HR department advised Colborn that the performance rank would not be changed. 

Details of the Case: Susan Colborn v. Chevron U.S.A. Inc.

The direct report in receipt of the allegedly unfair performance rank was supposed to be put on a performance improvement plan. However, Colborn refused to do so. She also refused to meet with HR about the issue. On February 23, 2011, Colborn received her own ranking, and it was the lowest ranking she had ever received in her history with the company (23 years of employment). On March 10, 2011, Colborn was fired. 

Lawsuit Filed Claiming Wrongful Termination and Retaliation: 

Colborn filed a lawsuit after Chevron terminated her employment. Plaintiff claimed that she was terminated in retaliation, which is a violation of California labor law. According to court documents, the Plaintiff alleged Chevron fired her because she complained that her direct report's performance ranking was discriminatory due to age. 

The Trial Court Dismissed the Complaint:

Colborn brought her retaliation claim under the California Fair Employment and Housing Act (FEHA). The Act makes it unlawful for an employer to fire an employee because they opposed an unlawful practice. However, before the case went to trial, the trial court dismissed Colborn's complaint. So she appealed. 

The Burden to Introduce Facts in FEHA Retaliation Claims: 

The California Supreme Court adopted a three-state burden-shifting test for discrimination claims, the McDonnell Douglas test. The test applies to any FEHA discrimination and retaliation claims. Under the McDonnell Douglas test, Plaintiff must produce facts that a jury could use to infer discrimination occurred in the situation. Plaintiffs must show that they engaged in activities protected by FEHA, the employer took adverse employment action against them in response, and there was a causal connection between the two. 

A Prima-Facie Case of Retaliation: 

If the Plaintiff can present facts fulfilling the three above requirements, this is known as a prima-facie case. When the Plaintiff fulfills the burden to present the necessary facts, a presumption of discrimination arises and shifts the burden of producing evidence showing there was no discrimination onto the employer who must present facts showing they acted for nondiscriminatory reasons. The Defendant in this case successfully argued that the Plaintiff did not establish a causal link as required, and that even if they did, the case should be dismissed because the employer met its burden to establish a legitimate nonretaliatory reason for the adverse employment action. The appeals court agreed and affirmed the trial court's decision to dismiss because there was no evidence to show that the employer knew that the Plaintiff's actions were based on her belief that the employer was engaging in age discrimination against her direct report. As such, a causal connection was not established. 

If you have questions about California labor law violations or how employment law protects you against labor law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.