Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Latest Posts › Retaliation


Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

10/30/2015 - ADA Background Checks Conciliation Criminal Background Checks EEOC Employer Liability Issues Harassment Hiring & Firing Immigrants LGBT Pregnancy Discrimination Reasonable Accommodation Retaliation Sex Discrimination

UNDER THE BUS: Feds’ New Focus On Individual Wrongdoers Has Implications For Employers

The U.S. Department of Justice has recently issued a memorandum entitled “Individual Accountability for Corporate Wrongdoing.” According to the Memorandum, companies involved in federal criminal and civil investigations will...more

9/25/2015 - C-Suite Executives Cooperation Corporate Misconduct Criminal Prosecution Discrimination DOJ Employment Policies Government Investigations Protected Activity Retaliation Whistleblower Protection Policies Whistleblowers

What’s Your Two Cents? Employment Law In The News

I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news...more

9/21/2015 - Attorney's Fees Colleges Discrimination E-Signatures Federal Contractors Harassment Human Resources Professionals Kleiner Perkins Caufield Mental Health NLRB OFCCP OSHA Pay Transparency Retaliation Sex Discrimination Social Networks Technology Sector UK

Is Protected Activity Part Of Your Job? You May Still Be Protected.

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know!...more

8/14/2015 - EEOC Employment Discrimination Failure To State A Claim Manager Rule Managers Protected Activity Retaliation Reversal Sexual Harassment Title VII Wrongful Termination

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

7/13/2015 - ADA Facebook FMLA Free Speech Human Resources Professionals Obergefell v. Hodges Reasonable Accommodation Religious Discrimination Retaliation Same-Sex Marriage

Harassment “Must-Have” No. 5: No Retaliation!

It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback....more

6/22/2015 - Best Management Practices Employer Liability Issues Harassment Human Resources Professionals Internal Investigations Retaliation Training

Is This New Harassment Decision The End Of The World For Employers?

Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs’ lawyers popping the champagne corks? Is the EEOC dancing for joy?...more

5/15/2015 - Corporate Counsel Defense Strategies EEOC Employer Liability Issues Harassment Retaliation

A Lesson From Twitter Sex-Bias Lawsuit: Post Those Jobs!

Shortly before Ellen Pao lost started a “conversation” about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. ...more

4/13/2015 - Corporate Counsel Hiring & Firing Human Resources Professionals Recruitment Policies Retaliation Sex Discrimination Tech Industry Twitter

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

3/16/2015 - ADA Adverse Employment Action Burden of Proof Discrimination EEOC Free Speech NLRA Protected Concerted Activity Race Discrimination Retaliation Reverse Discrimination Title VII

Jan. 29 At Faruqi Sex Harassment Trial: Your Honor, Please Reconsider!

As expected, Law360 reported on Thursday that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi,...more

1/31/2015 - Defamation Marchuk v Faruqi Motion for Reconsideration Retaliation Sexual Harassment

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

12/22/2014 - ADA Adverse Employment Action Breach of Contract Discrimination Employer Liability Issues Harassment PDA Retaliation Wage and Hour

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

12/8/2014 - ADA Corporate Counsel Employer Liability Issues Federal Contractors FMLA Protected Concerted Activity Retaliation Right to Work Wage and Hour

You can’t fix stupid: Employment law edition

Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for...more

8/1/2014 - Discrimination Employer Liability Issues Race Discrimination Retaliation

Employers, don't let that "protected" employee hold you hostage.

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial....more

12/10/2012 - FLSA Retaliation Termination

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