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· 3/8/2024

Dorothy Hampton v. Leonard Thome

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a collective bargaining agreement that prevented employees who filed EEOC charges from using an arbitrated grievance process was a prohibited discriminatory policy
  • holding that even where an employer “had no obligation to provide its employees with a right to grievance procedures at all,” it could not withhold them only from employees who filed EEOC charges
  • finding retaliation in collective bargaining provision that provided that grievances could not proceed to arbitration if employee brings ADEA claim
  • “The Board may not deny grievance proceedings on the basis that employees have filed protected ADEA claims.”
  • “[I]t is well established that unions cannot waive employees’ ADEA or Title VII rights through collective bargaining.”
  • “When charged with unlawful retaliation ..., an employer may offer a legitimate non-discriminatory reason for taking an adverse action against an employee who has engaged in protected activity.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.