Employment Law
978 F.2d 1529 (9th Cir. 1996)
Study notes for Sever v. Alaska Pulp Corp.: professor notes, cold call prep, exam angles, and memory aids.
An employer violates the ADA by retaliating against an employee for engaging in protected activities related to disability discrimination.
This case is significant in the realm of employment law, particularly regarding the protections afforded under the Americans with Disabilities Act (ADA). A key aspect of the Ninth Circuit's decision was the recognition of the chilling effect that retaliation can have on employees who engage in protected activities such as reporting discrimination. Professors may emphasize the importance of establishing a prima facie case for retaliation, showing that adverse employment actions occurred as a direct response to such reporting.
Additionally, the case serves as an important reminder of the scrutiny that courts will apply to employer actions that may appear retaliatory following a report of discrimination. Professors should highlight the balancing act employers must navigate in maintaining workplace standards while ensuring compliance with federal anti-discrimination laws, emphasizing that retaliation claims can arise even from subtle actions like performance evaluations.
RAIDER - Retaliation Actions in Discrimination ER's Response.
| Case | Distinction |
|---|---|
| Burlington Northern & Santa Fe Railway Co. v. White | This case further clarifies retaliation standards but focuses on a broader interpretation of adverse actions, while Sever targets specific actions post-disability complaints. |
| Reed v. A.W. Lawrence & Co. | Reed involved claims of discrimination based on gender, differentiating from disability, focusing on the protected class involved in the retaliation claims. |
Protecting employees from retaliation encourages reporting of discriminatory practices, fostering a safer and more equitable workplace.
Employer liability for retaliation may deter legitimate performance evaluations, leading to a potential reduction in overall workplace productivity.
Students may be asked to analyze the legal standards for retaliation claims under the ADA and assess how Sever's situation fits within those standards, using this case as a precedent.