FEDERALCourt of Appeals for the Tenth Circuit
2009

Zokari v. Gates

561 F.3d 1076Court of Appeals for the Tenth Circuit • Decided 2009Affirmed
Liquidated DamagesCited 66 times

HOLDING

An employee refused to take an English class his supervisors requested and later claimed retaliation under Title VII discrimination law. The court ruled that simply refusing an employer's request is not protected activity unless the employee explicitly tells supervisors that he believes the request is unlawful discrimination. For subcontractors, this means complaints about unfair treatment must clearly state the legal basis—vague objections won't qualify for legal protection.

KEY FINDINGS

Liquidated Damages

If you object to a supervisor's request, clearly state in writing that you believe it violates anti-discrimination law. Silence or passive refusal won't protect you legally.

FULL COURT OPINION