Lawyer can pursue retaliation charge in firing

A federal appeals court on Tuesday reinstated retaliation charges filed by a black attorney who was terminated by the Alabama Department of Human Resources but affirmed dismissal of his racial discrimination charge.

James Long, deputy attorney general for the department, was terminated from his position in April 2012 after he twice testified in depositions in a racial discrimination case filed by a dismissed employee, according to the ruling by the 11th U.S. Circuit Court of Appeals in Atlanta in James Long v. Alabama Department of Human Resources et al.

Mr. Long was terminated on grounds including disruptive conduct, falsifying records, unauthorized use of his department computer, improper handling of documents and mistakes in judgment.

Mr. Long filed suit in U.S. District Court in Montgomery, Alabama, charging race discrimination and retaliation, which granted the department summary judgment dismissing all charges.

A three-judge appellate panel unanimously upheld dismissal of Mr. Long’s racial discrimination charge, stating he “did not cite any evidence or authorities” in support of his claim.

However, the panel reinstated the retaliation charge. Testifying in a proceeding involving Title VII of the Civil Rights Act of 1964 confers protection against retaliation, said the ruling.

“The evidence in this case is sufficient to at least raise the inference” of retaliation, it states. Alabama Human Resources Commissioner Nancy Buckner began the investigation that led to Mr. Long’s termination within a month after his first deposition in the dismissed employee’s case, and just prior to his second deposition, said the ruling.

“A reasonable jury could infer from the timing and the focus of the investigation” that it was promoted by his testimony,” said the ruling.

In addition, to support a disruptive conduct charge, the hearing officer in charge of Mr. Long’s termination hearing made several statements suggesting Mr. Long had acted improperly in helping the terminated employee in her discrimination case and in opposing the department in the litigation, said the panel. However, Mr. Long’s “testimony during that litigation, as a fact witness and pursuant to a subpoena … was not a proper ground for his termination,” said the panel in remanding the case for further proceedings.

Earlier this month a federal appeals court upheld dismissal of a hostile work environment claim filed by a fired fire department lieutenant but reinstated her retaliation claim.