Postal worker's retaliation claim comes up short

It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or discipline) after a discrimination claim has been made, you should take care to proceed along the lines previously contemplated and document legitimate, nonretaliatory reasons for taking such action. Doing so can help you defend against a slew of allegations that the adverse actions are retaliatory.

Background

In 2017, Loretta Short was the postmaster of the United States Postal Service (USPS) in Holbrook. Her supervisor was Brandi Stoner. In late 2017, she complained to the USPS’s EEO counselor that she was receiving unfavorable treatment based on her race and gender.

Following Short’s complaint, a slew of events occurred (e.g., reassignments, denial of leave, electronic surveillance, etc.) relating to her employment. She filed a retaliation complaint against the USPS in the federal District Court for the District of Arizona. The USPS asked the court to enter judgment in its favor.

Retaliation claim

To succeed on her retaliation claim, Short had to establish that: