United States Sixth Circuit

In appropriate circumstances, Title VII permits claims against an employer for coworker retaliation. An employer will be liable for a coworker's actions if: 1) the coworker's retaliatory conduct is sufficiently severe so as to dissuade a reasonable worker from making or supporting a charge of discrimination; 2) supervisors or members of management have actual or constructive knowledge of the coworker's retaliatory behavior; and 3) supervisors or members of management have condoned, tolerated, or encouraged the acts of retaliation, or have responded to the plaintiff's complaints so inadequately that the response manifests indifference or unreasonableness under the circumstances.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Judges

• Before: DAUGHTREY and GILMAN, Circuit Judges;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alexander M. Spater, Spater Law Office, Columbus, Ohio, for Appellants.  Mark A. Knueve, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellee.   ON BRIEF:  Alexander M. Spater, Spater Law Office, Columbus, Ohio, for Appellants.  Mark A. Knueve, Alicia M. Chiu, Stacia Marie Jones, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellee.