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Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

8/12/2013 - Anti-Retaliation Provisions Civil Rights Act Discrimination EEOC Hiring & Firing Mediation Retaliation Title VII

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

1/3/2013 - Burden of Proof Evidence FMLA Genuine Issue of Material Fact Hiring & Firing Medical Leave Retaliation Summary Judgment Termination

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more

12/11/2012 - FMLA Hiring & Firing Performance Reviews Retaliation ScriptPro Termination

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

11/1/2012 - ADA Discrimination Domestic Violence EEOC Harassment Reasonable Accommodation Retaliation Sexual Assault Stalking Title VII

Employer’s Mistaken Allowance Of FMLA Leave Can Create Liability For Retaliation

In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more

7/16/2012 - Eligibility FMLA Mistake Retaliation Termination

DOL Publishes Its “Plain Language” Explanation And Guidebook For The FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from...more

7/2/2012 - Discrimination DOL Eligibility FMLA FMLA Guidebook Retaliation

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