Archive for May, 2009
Friday, May 15th, 2009
Law360 reports that a federal judge has refused to dismiss a retaliation claim against Virginia Tech for violation of the Equal Pay Act (“EPA”). According to the article, Shana Kennedy filed a complaint against Virginia Tech, alleging that the school discriminated against her and other female employees by paying them less than similarly-situated male employees at the school. Kennedy also alleged that the school retaliated against her when she complained about the disparate pay and her supervisor’s discriminatory comments. The school moved to dismiss the retaliation claim from the suit, arguing that Kennedy’s activity was not protected under the EPA because she only complained about the gender discrimination internally. Judge Turk adopted the school’s interpretation, concluding that internal complaints with an agency are not protected. Despite this controversial ruling, the judge still found for Kennedy on the grounds that Kennedy had submitted formal complaints about the retaliation to outside authority. According to the judge, Kennedy had “sufficiently alleged that Virginia Tech took adverse actions against her” and therefore had a valid claim for retaliation. The judge’s ruling in this case is significant because it reaffirms the majority position that a claim filed with a state agency or the Equal Employment Opportunity Commission is sufficient “filing” to constitute protected activity.
The article is “Virginia Tech Must Face Retaliation Claim,” and the case name is Kennedy v. Virginia Polytechnic Institute & State University.
Attorneys at The Employment Law Group® law firm are representing Ms. Kennedy. For more information about the firm’s Equal Pay Act Practice, click here.
Posted in Equal Pay Act | 1 Comment »
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