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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?

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Attorney answers 3

Posted

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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Asker

Posted

Is a SLAPP objecting to allegations of discriminatory lending practices "that are true" considered retaliation under Title VII against a former employee?

Christine C McCall

Christine C McCall

Posted

A statutorily-enabled lawsuit on SLAPP or any other grounds will not be found to itself constitute actionable retaliation.

Asker

Posted

I say this respectfully, but "not found to itself constitute actionable retaliation" is so qualified an answer it doesn't really address my question. Couldn't that be said of any lawsuit? For example, a bad post-employment job reference does not constitute actionable retaliation, but if it was untrue, it would, correct?

Christine C McCall

Christine C McCall

Posted

Let's try this: The act of bringing a lawsuit will not -- standing alone and by itself -- be found to constitute an act of retaliation if the lawsuit was authorized by law. One does not unlawfully retaliate by exercising one's statutorily authorized rights to legal process.Claims of unlawful retaliation must be based on actions not specifically authorized by law.

Posted

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.

Asker

Posted

We lost the Special Motion to Strike (and my defense attorney is appealing) because as I have recently learned there is great latitude in what a SLAPP Plaintiff can say in the complaint and there was a significant amount of untruths told. I'm now seeking a Plaintiff attorney for a counter suit on grounds of abuse of process or ?.

Joseph Wayne Rose

Joseph Wayne Rose

Posted

If you already have an attorney representing you in this case then you should be consulting with your own attorney about this. You can't sue for "abuse of process" until after you win the case on its merits, and even then you may not have a case. If you want a second opinion, you should hire another attorney to review the documents and give you one. You won't get reliable information by posting piecemeal questions on Avvo about your pending lawsuit in which you are already represented. You will only end up more confused.

Asker

Posted

I have an insurance-company appointed defense attorney whose only function is to defend me, but I was given the go ahead by the insurance company to pursue a separate counter-claim as a Plaintiff with another attorney. I have consulted with other attorneys, but wanted to get feedback here as well. My apologies for posting.

Posted

No

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