Page 14 - TPM Newsletter JAN 2020

14 January 2020

LEGAL BRIEFING The following is provided for informa onal purpose only. It is not tailored to address specifi c facts, or to
provide specifi c recommenda on for implementa on of policy, or to comply with applicable local rules or
law within every state. Please call TPM’s In-House Counsel to discuss how the law is specifi ed in your state.
Wheeler v. Home Depot U.S.A. Inc.

EX HOME DEPOT MANAGER GETS SUIT OVER ALLEGED BIAS REVIVED

A former Home Depot manager alleging the company high marks during inspec ons. The former manager said
made work condi ons so intolerable she had to quit she felt targeted because older managers had higher
should have been allowed to proceed with her case, the salaries.
Ninth Circuit ruled, overturning a district court’s grant of
summary judgment. A er the district opera ons manager sent the email to all
store managers, Wheeler quit because she felt she was
Former manager, Janet Wheeler, claimed she was being selected for termina on.
eff ec vely fi red, or construc vely discharged, a er
enduring discriminatory condi ons and feeling she was The evidence “raises substan al ques ons” about the
the subject of age and gender discrimina on. Wheeler’s type of work environment Home Depot created for
claims contained suffi cient material facts that they Wheeler, the court said.
could proceed to trial, the appeals court said. Although This case was remanded for further considera on at
Wheeler voluntarily resigned, a jury could fi nd that Home trial. Although the outcome is unknown, this case serves
Depot “created condi ons that were so intolerable that a as a reminder that events that take place within the
reasonable person in Wheeler’s posi on would have felt workplace can arise to the level of one being considered
compelled to resign,” it said. “construc vely discharged.” Thus, it is not only when
an employer terminates an employee that allega on of
Senior Circuit Judge Andrew Kleinfeld dissented from the
ruling, saying that the primary piece of evidence in the discrimina on can arise—some mes, it occurs when
case—a “humilia ng” email sent to all store managers an employee resigns because of alleged illegal and
in the district detailing “issues” with Wheeler and intolerable work condi ons. Importantly, employers
men oning a coming fi nal write-up—may have been a should realize the impact their ac ons have on individual
genuine mistake. employees—although an isolated incident alone may not
cons tute discrimina on (intent or eff ect), ma ers when
Wheeler worked at Home Depot for 20 years and received reviewed in the aggregate may appear targeted toward an
excellent reviews, raises, and bonuses in the three years individual.
leading up to April 2014. At that point she received her
fi rst disciplinary no ce from her district manager and Please contact Colt Catlin, TPM In-House Counsel, for
con nued to receive nega ve performance reviews and counsel on employment ma ers concerning alleged
another disciplinary no ce despite her store receiving mistreatment and discrimina on within the workplace.

Fall Protec on Standard

Wednesday, January 22, 2020 1:30 PM (PST)
OSHA announced that fall protec on cita ons ranked as the
top viola on for the tenth year in a row. More importantly,
the Bureau of Labor Sta s cs reports that fall fatali es in the
TPM U is an educa onal series provided to TPM members free of charge. For workplace have increased. It’s no surprise that fall protec on
more informa on or to register for one of these classes, please go to the TPM is, and will con nue to be, a hot topic for OSHA.
website’s “Membership” Tab (h p://www. mberassocia on.com) or call
(877) 535-4646. Registra on is limited to 50 computers per webinar.
Employer v. Employee – Exploring common,
Workers’ Compensa on Overview li gated, workplace ma ers
Wednesday, January 15, 2020 3:00 PM (PST) Wednesday, February 19, 2020 11:00 AM (PST)
This webinar will cover topics that regard workers’ By way of example, this webinar will explore various workplace
compensa on, including but not limited to, legal claims situa ons that impact federal and state laws and whether
against an employer for discrimina on, retalia on, and employers were found liable or compliant. Ordinary business
interference and employers’ requirements for no fi ca on, communica ons by an employer representa ve can o en lead
recordkeeping, and return to work. to employee allega ons of various discrimina on claims.

Timber Products Manufacturers Associa on