(affirming summary judgment against employee on claim of retaliation for protesting racial discrimination in job promotions); Sherman v. Burke Contracting, Inc., 891 F.2d 1527 (11th Cir.1990) (reversing award of damages in employee’s favor on a claim of retaliation for fifing an EEOC discrimination charge); Malhotra v. Cotter & Co., 885 F.2d 1305 (7th Cir.1989) (questioning whether rights against retaliation survive Supreme Court’s decision in Patterson). Section 210 would restore rights to sue for such retaliatory conduct. H.R.Rep. No. 40(1), 102d Cong., 1st Sess. 92 n. 92 (1991), reprinted in 1991 U.S.C.C.A.N. 549, 630. Importantly, this quotation states that the Act overrules not only Patterson but also Sherman, the Eleventh Circuit case that Augat pri p. 703, 711 (S.D.N.Y.1995) (<HOLDING>); Wilson v. Shell Oil Co., No. CIV-A-94-3698,
holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present holding that reinstatement was insufficient to remedy a wrongful suspension and that back pay must be awarded as the amount he would have received had he been retained in his job during that period less any amount he might have earned elsewhere holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment holding that plaintiffs allegations  that he was improperly paid for appearances at arbitration proceedings that he received highly negative performance evaluations that he was harassed by being required to perform tasks outside his job description that he received shorter notice of his termination than other employees and that he was terminated in retaliation for his eeoc complaint  each state a claim upon which relief can be granted under  1981