Can RMO be shielded by subordinate supervisor saying he made decision?
I work for the Postal Service. I filed an eeo retaliation complaint against the Plant Mgr for a letter of warning I received. At the pre-hearing the EEOC judge strongly suggested that mgt remove the letter which they did. Three weeks later I had my bid abolished (evenings Sun/Mon off) and I was told to report to another facility on the midnight shift (Wed/Thu) off. A supervisor subordinate to the Plant Mgr claimed he made the decision. Can the Plant Mgr be shielded by his subordinate?
1 answer | asked Mar 22, 2012 12:05 AM [EST] | applies to Florida
Answers (1)
The answer to your question depends in part on who had knowledge of your protected activity. Since retaliation depends on what is in the mind of the person taking the retaliatory action, this issue should be analyzed with reference to whether one management official can insulate another, but rather, what did the person who took the action know at the time the action was taken. If the subordinate was aware of the prior EEO complaint, then it makes no difference whether the action was taken by the subordiate or the Plant Manager as long it was taken in retaliation for the prior EEO complaint. Since the claim is against the employer and not any particular individual, the postal service would be liable for action taken by either the plant manager or the subordiate if a retaliatory intent was present.
posted by Archibald Thomas | Mar 22, 2012 08:48 AM [EST] [ Best Answer - selected by asker ]
posted by Archibald Thomas | Mar 22, 2012 08:48 AM [EST] [ Best Answer - selected by asker ]
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