A common law Pierce claim for unlawful retaliation only exists for claims of wrongful termination.

The plaintiff filed suit alleging that she was not promoted in retaliation for her filing of an EEOC charge against her prior employer and that she was physically and sexually harassed by co-workers. The plaintiff asserted claims under both federal and state statutes, and she also filed a common law retaliation claim under Pierce v. Ortho Pharmaceutical. In dismissing the Pierce claim, the judge held that Pierce retaliation claims only apply to allegations off retaliatory termination.

Case Law Alerts, 1st Quarter, January 2015