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Court denies petition for rehearing in $1.5 million temp retaliation case

July 13, 2015

A federal appeals court refused to grant New Breed Logistics’ petition for rehearing of a decision in favor of the US Employment Opportunity Commission, the federal agency announced.

A federal appeals court in April upheld a May 2013 jury verdict of more than $1.5 million in an EEOC lawsuit against the High Point, N.C.-based logistics services provider for sexual harassment of and retaliation against three temporary workers by terminating their assignments.

According to the EEOC, New Breed Logistics retaliated against the three temporary workers — and a male employee who supported the women's claims— assigned to a Memphis, Tenn., warehouse because they complained about sexual harassment.

The opinion from the Sixth Circuit, on an issue of first impression, clarified the scope of protected activity under the opposition clause of Title VII's retaliation provision. The Court of Appeals held, among other things, that the opposition clause of Title VII has an "expansive definition" and courts should give “great deference” to EEOC’s interpretation of opposing conduct.

“The Commission is pleased the Sixth Circuit did not see any reason to reconsider its earlier opinion,” said EEOC General Counsel David Lopez. “Telling a harassing supervisor to cease his or her harassing conduct constitutes protected activity under Title VII and changes the law of opposition in Tennessee, Ohio, Kentucky and Michigan, the jurisdictions covered by the Sixth Circuit.”

New Breed Logistics operates five Memphis warehouses. The company also has warehouses in Atlanta, Chicago, Dallas, Texas, Los Angeles and Kearny, N.J.