Here is the usual drill in a retaliation case: An employee complains about a statement a co-worker makes, believing it to be evidence of unlawful animus. Later, the complaining employee suffers an adverse employment action and sues claiming the action was taken because of her complaint. Presto, a retaliation claim is born.
Not quite, according to a Fifth Circuit decision on March 3, 2015, Satterwhite v. City of Houston. There, an employee complained about a co-worker using the phrase “Heil Hitler” during a meeeting, although the speaker insisted he said, “you know, we’re not in Hitler court.” (The context of the statement is unclear from the opinion but the complaining employee seemed to believe that the comments offended a Jewish co-worker.)
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