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Putting grievance on hold due to EEOC charge is retaliation - 6th Circuit
September 1, 2017 / 9:39 PM / 2 months ago

Putting grievance on hold due to EEOC charge is retaliation - 6th Circuit

An employer cannot put its internal grievance procedures on hold because an employee has also filed a complaint with the Equal Employment Opportunity Commission, even if the delay is required by a collective bargaining agreement, a U.S. appeals court held on Friday.

In a 2-1 opinion, the 6th U.S. Circuit Court of Appeals said that staying internal grievance procedures “clearly” amounts to unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, and that a collective bargaining agreement requiring the stay was “retaliatory on its face.”

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