Now, in order to succeed on a retaliation claim the conduct the employee complained of must be unlawful or the employee must have reasonably believed it was unlawful. Here, the employee argued that the reported butt-slapping was sexual harassment. Surprisingly, the Court disagreed:
Case dismissed! I guess a little butt-slapping is okay, or at least lawful, under certain circumstances. If you find this result unbelievable, I should note that the Court also ruled that the claim would have been dismissed for an alternate reason: the evidence established that the employee was terminated for repeated unexcused absences.
Now, raise your hand if you immediately thought of this episode from Friends.
HT: Lexology - One Free Slap on the Buttocks? via Eric Meyer on Twitter.