Are Managers that Investigate Discrimination Protected From Retaliation?

In addition to prohibiting job discrimination on the basis of  race, color, religion, sex, or national origin, Title VII contains an Opposition Clause to protect workers from retaliation for advancing claims under the statute.   Typically, the Courts have defined “opposition” broadly to include a  variety of conduct in opposition to unlawful employment practices, including both formal grievances and informal complaints.  In Demasters v. Carilion Clinic,  the Fourth Circuit recently considered whether a manager, who failed to support a pro-management position in another employee’s sexual harassment complaint, himself engaged in protected opposition under Title VII.

At issue in DeMasters is the proper application of the “manager rule,” a doctrine applied by some courts that requires an employee to be acting outside of a management role in order to engage in protected activity.  When applied, managers that routinely accept, investigate or evaluate complaints of other employees are not participating in protected activity when performing their regular job duties.  After consideration, however, the Fourth Circuit rejected a per se extension of the “managers rule” to Title VII, holding that “the only qualification placed upon an employee’s invocation of protection from retaliation under Title VII’s Opposition Clause is that the manner his opposition must be reasonable.”

Demasters v. Carilion Clinic (Fourth Circuit, August 10, 2015)

Can You Draw Unemployment Benefits if You Resign From Your Job?

If you quit or otherwise leave a job voluntarily, an employee must prove “good cause” in order to receive unemployment benefits. However, an employee who is forced to resign is not deemed to have left work voluntarily when the employee had no real option to return to the job.


By statute, “good cause” does not include leaving work to become self-employed or to accompany a spouse to a new locality (unless it relates to a military transfer). General dissatisfaction with a job is not good cause. To establish “good cause,” the employee must show (1) that he or she suffers from an objectively reasonable job dispute or other conflict that serves as a necessary and compelling reason to leave employment; and (2) that he or she has exhausted all steps to resolve any conflict that would be taken by a someone desirous of retaining their employment. For example, an employee who is troubled by a conflict with a co-worker first would be expected to pursue some resolution by reporting the behavior to a supervisor or human resource office.


“Good cause” is determined on a case-by-case basis, but may include situations such as severe harassment or discrimination, non-payment of wages or significant cuts in pay, illegal or unsafe working conditions, family care obligations, or personal medical reasons. However, if your medical condition prevents you from working for any employer, you will not meet the VEC’s other requirement that you are otherwise available for work. When dealing with medical conditions that impact work ability, an employee first should consult with their physician prior to leaving a job. The VEC is more likely to accept a medical cause if your physician advised that your current position was not suitable due to physical or mental limitations.


If you are denied unemployment benefits, you have the right to appeal your claim and present your case at a hearing before an appeals examiner. You also have the right to be represented by an attorney at this hearing.