Jottings By An Employer's Lawyer

Thursday, September 16, 2004

Not Exactly New News - But Retaliation Is A Dangerous Thing


It must have been a slow news day yesterday around the Business Journal World as they reported on a $3.1 million verdict in a retaliation case where the employer won on the underlying gender discrimination claim but lost the retaliation claim. It looks like most of the Business Journal's carried the story, including the The Business Journal of Portland. While the article makes a good point, it was a little surprising they would highlight a case that was tried in the late 90's and decided on appeal in 2000. If you want to read the 9th Circuit decision affirming of the bulk of the award check out Passantino v. Johnson and Johnson Consumer Products, Inc.,212 F.3d 493(9th Cir.2000). Although the case is old, the warning to employers of the dangers remains sound.

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