DeMasters v. Carilion Clinic, No. 13-2278 (4th Cir. 2015)
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Plaintiff filed suit against his former employer, Carilion, alleging wrongful termination for engaging in protected activity, including opposing an unlawful employment practice, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The district court dismissed the complaint, holding that no individual activity in which plaintiff engaged by itself constituted protected oppositional conduct and that the so called “manager rule,” in any event, prevented an employee whose job responsibilities included reporting discrimination claims
from seeking protection under Title VII’s anti-retaliation provision. The court held, however, that the proper test for analyzing oppositional conduct requires consideration of the employee’s course of conduct as a whole and that the “manager rule” has no place in Title VII jurisprudence. Accordingly, the court reversed and remanded.
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