Background
Plaintiff Norman Tarver, appearing pro se and in forma pauperis, sued his former employer, First Student, Incorporated, alleging retaliation under Title VII. Tarver claimed he faced adverse employment actions after reporting co-workers for unsafe school bus operations. A magistrate judge screened the complaint and recommended dismissal, noting that safety violations are not protected activity under the statute. The district court adopted the recommendation, and Tarver appealed without addressing the court’s legal reasoning.
The court’s reasoning
The court agreed with the district court that Title VII only prohibits retaliation for opposing practices made unlawful by the statute, such as discrimination based on race or gender. Because workplace safety violations are not made unlawful by Title VII, reporting them does not constitute protected activity. Additionally, the court found that Tarver forfeited review by failing to engage with the district court’s analysis.
What it means going forward
The ruling clarifies that employees cannot bring Title VII retaliation claims for reporting safety violations, limiting the scope of protected activity to opposition against statutory discrimination.