Showing 21–40 of 81 results
claim that Shoemaker and the City had retaliated against her during the February 14
suit for that conduct and Denke’s retaliation claim, therefore, must be dismissed. The
conduct of the council meeting actually amounted to unlawful retaliation is not before us,
neither should retaliation be so considered.” In addition, relying in large part on Bechard
payments from the City to settle her sexual harassment and retaliation claims against the
Shoemaker’s illegal retaliation against Denke arising out of his January 2000 letters. We
¶34 In short, the hearing examiner ruled that the City “did not illegally retaliate against
1. Is the City immune from suit on Denke’s retaliation claim against it?
retaliated against her in the way it “regulated” the February 14 council meeting. Denke’s
administrative decisions-- in direct opposition to their non-retaliation agreement--to use a
...In so holding, we caution that failing to impose such restrictions does not necessarily constitute unlawful retaliation. That question depends on the laws defining and prohibiting unlawful retaliation; and with respect to the February 14 council meeting, the *340hearing examiner...
retaliation claims. The Department consolidated the two complaints.
claim of unlawful retaliation based on the City’s conduct of the discussion of the Denke-
hearing examiner must complete the retaliation analysis in the first instance on remand. III. The Immunity Issue
§ 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the
MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct
to retaliate against Denke as a result of her decision to file the HRC complaint.
right to free speech on one hand and the right to be free from illegal retaliation on the
Hershberger’s discrimination and unlawful retaliation against him, in violation of
unlawfully retaliated against her. After a contested case hearing, the hearing examiner