Sunday, June 24, 2012
My former colleague, Alex Long (Tennessee) passed along word about an interesting retaliation case, Ketterer v. Yellow Transportation. In Ketterer, the Fifth Circuit held that co-worker harassment wasn't actionable unless it was done in futherance of the employer's business--a minority view. There's a cert petition and amicus brief from several employment law professors. No action yet from the Court on the petition, but stay tuned.