Claim of retaliatory action requires that plaintiff establish that a decision maker was aware of claim of discrimination

The plaintiff, a regional manager, was terminated for consuming alcohol at work. While the plaintiff admitted drinking, she contended that it was part of a common practice known as an “inventory toast.” The plaintiff alleged that she was actually terminated for complaints of discriminatory conduct she made five weeks earlier about one of the persons involved in investigating the drinking allegation. In affirming the dismissal of the claim, Circuit Judge Jordan indicated that the plaintiff had failed to establish that her reports had been relayed or were known to the investigating committee and that, absent such a showing, there could be no claim of retaliation.

_{Case Law Alerts, 3rd Quarter, July 2015}

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