The case turned on one question: did the person who pulled the trigger know?
A fired supervisor's retaliation claim collapsed because he could not prove anyone behind his termination knew about his discrimination report.
The Tenth Circuit Court of Appeals on April 7 sided with Weiser Security Services in a Title VII case that turned on a deceptively simple question: if the person who made the termination call did not know about the employee's complaint, can the firing still count as retaliation?
Not on these facts, the court held.
Juan Dominguez worked as a guard and supervisor at a Halliburton facility in Duncan, Oklahoma, staffed by Weiser under a security contract. He had been at the facility since 2010 and was hired by Weiser when it took over the contract in 2018. He reported to site manager Joseph Yates, who reported to branch manager Mike Strickland in Fort Worth.
In late 2019, Yates went on medical leave. Dominguez stepped into some of his responsibilities and, during that period, told Weiser's branch manager Strickland and Halliburton's on-site security manager Chip Ford that he believed Yates gave preferential treatment to female employees. When Yates returned, Weiser shifted employee-relations duties away from Yates and gave them to Dominguez. Around the same time, the company gave Dominguez its first and only Officer of the Month award.
Months later, in April 2020, a separate complaint arrived. Another guard, Robert Culberson, told Weiser's human resources...
(New users only) It's tax relief season! Get up to RM300 when you save with Versa! Plus, enjoy an additional FREE RM10 when you sign up using code VERSAMM10 with a min. cash-in of RM100 today. T&a...