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Court Remands Retaliation Claim| Of Fired Texas A&M Employee

ATLANTA (CN) - The 11th Circuit revived the claims of a Florida A&M University employee who got fired for calling the police after his female supervisor threatened violence and spit in his face.

Dushun Scarbrough, an academic adviser in the School of Nursing, claimed he turned down several sexual advances by his supervisor, Kimberly Davis. He claimed she had him meet her at home on a Saturday for a "mandatory meeting" and overtly hit on him.

When he reported the incident, he Davis allegedly confronted him in his office, "verbally attacked him with abusive and profane language, spit on his face and knocked papers out of his hands." Scarbrough called the campus police and asked for an injunction. The dean fired him the next day, citing his "unprofessionalism."

The circuit rejected the university's rationale, saying it would allow employers to fire an employee for reporting a rape by a supervisor to the police. The court remanded the case to a jury. See ruling in Scarbrough v. Florida A&M board of trustees.

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