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Fielder v. UAL Corp.

Title VII's protection against retaliatory discrimination extends to employer liability for co-worker retaliation rising to level of adverse employment action.

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The full case caption appears at the end of this opinion.This appeal by Joanne Fielder from summary judgment entered by the district court, a magistrate judge presiding, presents questions of hostile work environmentand retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. � 2000e et seq. Issues raised by Appellant require us to decide (1) whether conduct bynon-supervisory or non-managerial fellow workers may constitute actionable retaliation by the employer, a question of first impression in this court, (2) whether herclaim is barred by the 300-day statute of limitations from the date the conduct occurred, 42 U.S.C. � 2000e-5(e)(1) (“[A] charge shall be filed by or on behalf of theperson aggrieved within three hundred days after the alleged unlawful employment practice occurred . . . .” ), or is still viable because of a continuing policy andpractice of discrimination or retaliation and (3) whether she is estopped from asserting a claim of constructive discharge because her resignation was not timely.

Appellant Fielder filed claims of sex discrimination, retaliation and constructive discharge against her employer, UAL Corporation, dba United Airlines. The courtdetermined that her claims were barred by the statute of limitations and that she was estopped from asserting her constructive discharge claim because she did nottimely resign. We disagree. We hold that Appellant has presented sufficient facts that give rise to genuine issues of material fact relating to statutory limitations inpresenting her discrimination claims and the timeliness of her resignation.

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