Author Question: Can a rescinded disciplinary suspension with full back pay, be considered a materially adverse ... (Read 52 times)

SGallaher96 · **on:** Jun 24, 2018

Can a rescinded disciplinary suspension with full back pay, be considered a materially adverse employer action in violation of Title VII's prohibition against retaliation?

Question 2

Eric is a clever fellow who knows all about computers. He: I. Removed the author's name from an article he found on the Internet and sent it via e-mail to his lacrosse team, telling them he wrote it. II. Figured out how to unscramble his roommate's cable signal so they could watch cable on a second TV. III. Taught the rest of his lacrosse team how to unscramble cable signals. Which of these activities is legal under the Digital Millennium Copyright Act?
a. I, II, and III.
b. Neither I, II, nor III.
c. II and III.
d. Just III.
e. Just I.

shailee · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

A retaliation plaintiff must show that the challenged employer action well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.. The Court held that an indefinite suspension without pay for a month, even if the employee later received backpay, could well act as a deterrent to filing a discrimination complaint. The court concluded that the jury's conclusion that the 37 day suspension without pay was materially adverse, was a reasonable conclusion.

Answer to Question 2

.B