Labor Law: antiretaliation suit possible after
termination following oral complaint as well as written ones? Yes. Petitioner Kasten brought an antiretaliation
suit against his former employer, respondent (Saint-Gobain), under the Fair
Labor Standards Act of 1938 (Act), which provides minimum wage, maximum hour,
and overtime pay rules; and which forbids employers “to discharge . . . any
employee because such employee has filed any complaint” alleging a violation of
the Act, 29 U. S. C. §215(a)(3). In a related suit, the District Court found
that Saint-Gobain violated the Act by placing timeclocks in a location that
prevented workers from receiving credit for the time they spent donning and
doffing work related protective gear. In this suit Kasten claims that he was
discharged because he orally complained to company officials about the
timeclocks. The District Court granted Saint-Gobain summary judgment,
concluding that the Act’s antiretaliation provision did not cover oral
complaints. The Seventh Circuit affirmed.
Held: The scope of statutory term
“filed any complaint” includes oral, as well as written, complaints; even if “filed,”
considered alone, might suggest a narrow interpretation limited to writings, “any
complaint” suggests a broad interpretation that would include an oral
complaint; because the text, taken alone, might, or might not, encompass oral
complaints, the Court must look further; several functional considerations
indicate that Congress intended the antiretaliation provision to cover oral, as
well as written, complaints; a narrow interpretation would undermine the Act’s
basic objective, which is to prohibit “labor conditions detrimental to the
maintenance of the minimum standard of living necessary for health, efficiency,
and general well-being of workers,” 29 U. S. C. §202(a); why would Congress
want to limit the enforcement scheme’s effectiveness by inhibiting use of the
Act’s complaint procedure by those who would find it difficult to reduce their
complaints to writing, particularly the illiterate, less educated, or
overworked workers who were most in need of the Act’s help at the time of
passage? Given the delegation of enforcement powers to federal administrative
agencies, their views about the meaning of the phrase should be given a degree
of weight. The Secretary of Labor has consistently held the view that “filed
any complaint” covers both oral and written complaints. The Equal Employment
Opportunity Commission has set out a similar view in its Compliance Manual and
in multiple briefs. These views are reasonable and consistent with the Act. And
the length of time they have been held suggests that they reflect careful
consideration, not “post hoc rationalization.” Motor Vehicle Mfrs.
Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.,
463 U. S. 29, 50; after engaging in traditional statutory interpretation
methods, the statute does not remain sufficiently ambiguous to warrant
application of the rule of lenity (U.S.S.Ct., 22.03.11, Kasten v. Saint-Gobain,
J. Breyer).
No comments:
Post a Comment