Retaliation for complaining about employer's failure to follow its aff. action plan?

[ADATitleVII]

My legal research on this issue was fruitless.

The employer has an affirmative action policy for minority hires in place. Complained about the HR dept's failure to follow the plan and enact recruiting/hiring practices in line with the policy. Employment terminated shortly thereafter.

Is complaining about an affirmative action not being followed a protected activity under Title VII?

One side of argument: complaining about an AA plan not being followed is advocating for the minority hire

Other side: An AA plan is by definition a plan which discriminates against everyone except the minority groups the AA plan advocates for, so complaining about the AA plan not being followed is complaining that the employer is NOT discriminating against groups outside the AA plan.

Any thoughts, resources, or case law you can point me to? Federal, state(s), guidance, administrative decisions- anything will help.

Thank you.

 

[Silverplum]

My legal research on this issue was fruitless.

The employer has an affirmative action policy for minority hires in place. Complained about the HR dept's failure to follow the plan and enact recruiting/hiring practices in line with the policy. Employment terminated shortly thereafter.

Is complaining about an affirmative action not being followed a protected activity under Title VII?

One side of argument: complaining about an AA plan not being followed is advocating for the minority hire

Other side: An AA plan is by definition a plan which discriminates against everyone except the minority groups the AA plan advocates for, so complaining about the AA plan not being followed is complaining that the employer is NOT discriminating against groups outside the AA plan.

Any thoughts, resources, or case law you can point me to? Federal, state(s), guidance, administrative decisions- anything will help.

Thank you.

Nope.

Because you didn't bother to provide the name of your US state.

 

[Silverplum]

Upon further review, this appears to be homework.

 

[Zigner]

And then the OP's got that whole "we don't do homework" hurdle to overcome too.

 

[ADATitleVII]

Lol. Silverplum, I don't believe your expertise in trolling and specialized nothingness is required here.

State?
Trust me when I say there is no guidance in my state's case law and I've yet to find anything in federal case law, beyond the well understood principle for opposition claims that the action opposed needs to be an actual violation of Title VII or an applicable anti-discrimination statute.

Sounds like homework?
I wish the significance of the question was so trivial as to be an issue of great importance to a law student.

 

[cbg]

Name your state or go elsewhere.

 

[quincy]

Lol. Silverplum, I don't believe your expertise in trolling and specialized nothingness is required here.

State?
Trust me when I say there is no guidance in my state's case law and I've yet to find anything in federal case law, beyond the well understood principle for opposition claims that the action opposed needs to be an actual violation of Title VII or an applicable anti-discrimination statute.

Sounds like homework?
I wish the significance of the question was so trivial as to be an issue of great importance to a law student.

That was incredibly rude, ADATitleVII.

What is the name of your state? This is a relatively simple question asked of all posters to this site, and most posters Ace it - even the young children who visit the site. If you can't answer this question, I can see why you are struggling with the answers to the others.

 

[Ladyback1]

Lol. Silverplum, I don't believe your expertise in trolling and specialized nothingness is required here.

State?
Trust me when I say there is no guidance in my state's case law and I've yet to find anything in federal case law, beyond the well understood principle for opposition claims that the action opposed needs to be an actual violation of Title VII or an applicable anti-discrimination statute.

Sounds like homework?
I wish the significance of the question was so trivial as to be an issue of great importance to a law student.

And, without your state, those who would KNOW where you should be looking can not help you....
Of course, because you're a rude little snot, you're not going to get too much help anyway.
Take your contract, and whatever else you have, to your nearest employment attorney and pay for an opinion.