Employer Not Entitled To Summary Judgment On Terminated Employee's Title VII Retaliation Claim

A Kansas water district was not entitled to summary judgment on a terminated employee's claim of retaliation under Title VII, a United States District Court has ruled.

The employee established the "protected activity" element of a prima facie case of retaliation through evidence his supervisor/team leader admitted to incidents the employee alleged as harassment, and the conclusion of the attorney who conducted an investigation of the employee's claims of harassment that the supervisor/team leader's comments were inappropriate.

The district's articulated reasons for terminating the employee, an incident involving chemical analyzers, a separate incident involving a turbidity meter, and the employee's demonstrated pattern of unwillingness to follow well established procedures which resulted in management's loss of confidence in his commitment to perform his job, were legitimate and nonretaliatory. The employee raised a genuine issue of material fact as to whether those reasons were pretextual.

Stevens v. Water District One of Johnson County

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