Effect, Not Intent, Makes Rule "Retaliatory": Court

Law360, New York (January 28, 2008, 12:00 AM EST) -- A Florida state court ruled Wednesday that a county government's policy of terminating internal investigations into employees' discrimination claims when the employees filed charges with outside agencies was effectively, if not intentionally, retaliatory.

The dispute began when Richard Donovan, a white bus driver, filed an internal complaint with his employer, the Broward County Board of Commissioners, saying that he had been passed over unfairly for promotion in favor of a black driver.

While the investigation was pending, Donovan and another white driver also filed complaints with...
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