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Question related to Title VII of the Civil Rights Act of 1964

San Diego, CA |

Does post-employment retaliation in the form of a SLAPP suit violate Title VII if the SLAPP refer to discriminatory lending practices alleged by the former employee?

Attorney Answers 3

  1. A statutorily-enabled lawsuit on SLAPP or any other grounds will not be found to itself constitute actionable retaliation. Everyone, individuals and business entities, is entitled to exercise their statutory rights to legal process.

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  2. Your question is unclear and more information is needed.

    Whether by "SLAPP suit" you mean a lawsuit brought with the intention of discouraging protected speech, etc., or a special motion to strike in defense of such a lawsuit (i.e., an "antiSLAPP motion"), neither would by itself amount to a civil rights violation because of something called the "litigation privilege" and for other reasons.

    By the way, in California we generally look primarily at the Fair Employment and Housing Act (FEHA) to remedy civil rights claims in employment rather than the federal Title VII because the FEHA tends to have broader protections.

    I hope this information is helpful to you.

    Follow me on Twitter @joeroselaw. I answer questions on Avvo to try to help get you pointed in the right direction. But, I am not your attorney. Beware, my answers here are general, limited, incomplete, and can never be as complete, thorough, or accurate as one I would give to a client after hearing all of the facts and details of my client's situation and applying the correct law. Also, I am admitted to practice law only in California and all of my answers are intended exclusively for the Golden State.

  3. No

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