Your director of nursing has terminated Bobbi for excessive absenteeism in violation of the Nursing Department’s policy. Bobbi shows up in the HR department to complain to you that she has been the victim of retaliation and wants to file an internal complaint. In discussing the allegation of retaliation, you find out that Bobbi’s first cousin, Shawna, has filed two EEOC charges against the Nursing Department alleging that she did not receive reasonable accommodation for her disability and that she was retaliated against after she filed the first EEOC charge. Bobbi says her dismissal was in retaliation for Shawna’s filing of the two EEOC charges. Issues for Discussion
1. What elements of retaliation are present here?
2. Is a cousin a close enough relationship that retaliation is possible?