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Equal Protection No Bar to Job Retaliation for Sex Bias Gripes

Aug. 11, 2020, 5:40 PM

A deputy county attorney in Virginia can’t sue for retaliation allegedly spurred by her workplace sex discrimination complaints because the 14th Amendment’s equal protection clause doesn’t authorize such a cause of action, the Fourth Circuit ruled Tuesday in a case of first impression.

The court said it joined “at least six” other circuits in finding public workers may not bring a “pure of generic retaliation claim” under the clause.

Public employees, like most private workers, are instead shielded from job retaliation for reporting sex and other bias by Title VII of the 1964 Civil Rights Act and similar federal laws, ...

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