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Update on Retaliation Claims

By Victoria Woodin Chavey

The first part of this article described Kasten v. Saint-Gobain Performance Plastics Corp., 2009 U.S. App. LEXIS 13913 (7th Cir. June 29, 2009). In that decision, the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have “filed any complaint.” 29 U.S.C. ' 215(a)(3) (emphasis added). The conclusion discusses whether the decision is consistent with Supreme Court case law, the practical implications of the decision, and whether it applies to other federal anti-discrimination statutes.

Is the Kasten Decision Consistent with Supreme Court Case Law?

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