En Banc 11th Circ. Puts Brakes On Kia HR Rep's Bias Suit

Law360 (July 29, 2020, 1:52 PM EDT) -- The Eleventh Circuit said Wednesday that a former Kia HR manager who the company says was fired for helping a colleague file a race discrimination suit can't sue the car maker for retaliation, reversing a panel ruling in a deeply divided en banc opinion.

Seven of 12 circuit judges said Andrea Gogel did not have a retaliation claim under Title VII of the Civil Rights Act's so-called opposition clause, finding Gogel lost legal protection when she encouraged Diana Ledbetter to file a race bias suit. Two judges filed concurrences, one filed a partial concurrence and three judges split with the majority...

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