How do anti-retaliation laws apply in the non-profit sector?
It ought to go without saying that an employer cannot discriminate against his or her employee for merely following the law. However, anti-retaliation laws have been yet again challenged in Georgia – and this time, it is the non-profit, tax-exempt sector seeking answers on this pivotal issue.
In a recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the petitioner is seeking damages and restitution following an alleged retaliatory decision by Atlanta’s King’s Way Baptist Church, Inc. According to the complaint, the petitioner was fired from her position as a kindergarten teacher within the church’s Christian school after reporting ongoing sexual harassment at the hands of the church’s lead pastor, who also serves as the chief executive officer of the non-profit corporation.
Allegedly, the pastor engaged in the ongoing practice of inappropriately touching the teacher, followed by veiled threats of adverse treatment if the interactions were reported. From there, the teacher reported the incidents to the church’s governing board, which opted to terminate her position rather than investigate the matter further.
In a statement by the EEOC’s Atlanta office, “[w]hen an employer fires an employee for complaining about sexual harassment, it is only compounding its own culpability and setting itself wide open for charges of retaliation….EEOC is stepping in to defend the rights of this discrimination victim not to be victimized even further. No one should be punished for telling the truth to power if that truth is sexual harassment.”
Pursuant to the lawsuit, the EEOC (on behalf of the teacher) is seeking back pay, punitive damages, and an injunction barring the school from engaging in further retaliatory acts against current or future employees. The lawsuit was filed after attempts to negotiate and settle the matter proved futile.
If you are experiencing workplace discrimination or would like to discuss your rights under state or federal anti-retaliation laws, please contact an experienced discrimination attorney toady!