Time Is On Your Side—Or At Least, It Can Be

Defending retaliation claims can often be an uphill battle, but a recent Sixth Circuit decision serves as a good reminder of not only the elements an employee must show to establish his or her case, but also how employers can overcome claims by having legitimate reasons for their decisions.  The decision may also allay fears of some frivolous retaliation claims by confirming that too much time between the protected activity and the alleged retaliation can prove fatal to the claim.

Facts 

Geraldine Fuhr worked at Hazel Park High School as a teacher and coach since 1989.  In 1999, Fuhr sued the school district alleging sex discrimination under Title VII and state law based on the employer's failure to hire her as the boys' varsity basketball coach, in addition to her role as girls' varsity basketball coach.  A jury found in favor of Fuhr, and in 2001, the court ordered that she be instated as varsity boys' coach, a decision affirmed by the Sixth Circuit Court of