Grudge match: Long-simmering resentment stokes age bias, retaliation claims

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor sued the former sheriff for retaliation and age discrimination. Here is the story of what the sheriff’s department did right, despite the bad blood between the two men.

Retaliation and age discrimination

To set the scene, employees can file a retaliation claim against their employers when they believe an employer took adverse action against them based on protected conduct, such as making a complaint of discrimination. For federal government employees, the First Amendment protects certain free speech rights. This means that a government employer may not retaliate against the free speaking employee in a manner that would likely deter a reasonable person from engaging in similar protected speech. Political speech, including expressing a preference for (or against) a candidate for public office, is protected speech for government employees.

The other law that came into play in this case is the Age Discrimination in Employment Act (ADEA), which prohibits workplace discrimination against and harassment of employees aged 40 and over based on age.

Politically motivated grudge