Читать книгу Employment Law Update - Jonathan Ingber - Страница 26

Al worked as a part-time employed lecturer at City University in the Music Department. Al worked at the university for nine years, during which time he had an exemplary performance record. During the last three years, Al regularly complained about how his department chair was “bullying and harassing” him. Unfortunately for Al, his union president also happened to be his department chair. But Al brought his complaints to the dean of the School of Liberal Arts, so the university knew about Al's concerns.

Al's September 2013 review with his department chair was “conducted differently” than prior reviews. By October 2013 the union filed a grievance with the department chair about that review.

A few months later, Al was not reappointed to his position and was not approved for tenure. In January 2014 Al sued the university alleging violation of his Title VII rights to be free of discrimination and included claims for failure to hire, termination, failure to promote, and retaliation.

The university filed a motion to dismiss the case, alleging that the anti-discrimination provisions of Title VII do not protect Al against bullying or harassment unless Al is a member of a protected class.

You are the judge assigned to the case. How would you decide this issue? ¹⁵