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II. JUDICIAL UPDATE In Yanowitz v. L’Oreal USA, Inc., Elyse Yanowitz (“the Employee”) was instructed by her supervisor to fire an unattractive female sales employee and replace her with someone “hot.” Although the Employee asked her supervisor to provide a justifiable reason to fire the employee, she never said that she thought the act would be unlawful discrimination. The Employee did not comply with the instruction. Thereafter the Employee’s performance, previously highly rated, came under severe scrutiny and criticism. She eventually took a leave of absence for stress and never returned to work. The Court held that the Employee need not specifically complain about unlawful discrimination. The Employee’s reasonable belief that her manager’s demands were discriminatory and her demand for a justifiable reason to fire the employee were sufficient notice to her manager. The heightened scrutiny of the Employee’s performance, accompanied by both public and private criticism, materially altered her employment conditions, thereby creating a valid claim for retaliation.
NEXT: Vacation Deductions for Exempt Employees
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