Adverse Employment Action

News & Analysis as of

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.” Along with the final guidance, the EEOC issued a Q&A publication and a Small...more

Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme Court’s Elrod (1976) and Branti (1980) decisions. In this installment, I’ll...more

“Competent supervisor” obligation relates to competence in safety, not in performance management: OLRB dismisses OHSA retaliation...

A laid-off worker’s safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management’s assessment of his performance – not about safety....more

Mayflower Seafood of Goldsboro Agrees To Pay $81,500 To Settle EEOC Sexual Harassment Lawsuit

Server/Cashier at Restaurant Subjected to Sexual Harassment and Then Retaliation for Complaining About It, Federal Agency Charged - RALEIGH, N.C. - A Goldsboro, N.C., seafood restaurant will pay $81,500 and furnish other...more

There’s A New Sheriff In Town: The Politics And Pitfalls Of Patronage Dismissals

It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term employees of vanquished incumbents face the prospect of getting cashiered once the newly elected officials, or their...more

EEOC Issues Its First Guidance on Retaliation in Almost Two Decades: Next Steps for Employers

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) published its Final Enforcement Guidance on Retaliation and Related Issue. This was the first guidance from the EEOC on these issues since 1998. The EEOC...more

Employers Beware of the Cat's Paw

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Repercussions of Retaliation: EEOC Revises its Guidance on Retaliation

For the first time in 18 years, the U.S. Equal Employment Opportunity Commission (EEOC) has issued revised guidance (the Guidance) regarding retaliation. The Guidance, which broadens and clarifies the definition of protected...more

EEOC Releases New Guidance on Retaliation Claims

According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these...more

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Employers have been warned time and time again – retaliation claims are on the rise.  With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more

Ambulance Service Liable for Sexting Monkey?

An ambulance service may be liable for damages arising from sexting by a monkey it employed, the Second Circuit ruled on August 29. Actually, the monkey was a man, but the court sided with a female employee who sued the...more

The EEOC’s New Wide-Reaching Retaliation Guidance: What Should Employers Do Now?

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the release of its long awaited Enforcement Guidance on Retaliation and Related Issues, replacing Section 8 of the EEOC Compliance Menu...more

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

On August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act...more

The Cat Is Out of the Bag: Second Circuit Rules Cat’s Paw Theory Applies to Nonmanagerial Coworkers

Rarely has the maxim “hard cases make bad law” found greater application than in the Second Circuit Court of Appeals’ recent decision to expand the “cat’s paw” doctrine adopted by the Supreme Court of the United States in...more

The Kaepernick Conundrum

By now most people have heard about the Colin Kaepernick story, and may have strong feelings one way or the other about the actions of the 49ers quarterback. In case you have been living under a rock for the past two weeks —...more

EEOC Updates Guidance on Retaliation Law Enforcement

Retaliation is the claim alleged most frequently in charges filed with the U.S. Equal Employment Opportunity Commission (EEOC). Nearly 45 percent of agency charges include a retaliation claim. On August 29, 2016, the EEOC...more

The Retaliation Problem

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

Is the EEOC’S New Guidance on Retaliation Setting a New Legal Standard?

It’s the most common employment law claim . . . retaliation. In 2015, 44.5% of the total EEOC charges were based on retaliation, which exceeded even race-based charges of discrimination. So it is not surprising that the...more

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

EEOC Issues Updated Guidance on Workplace Retaliation

On August 25, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on workplace retaliation issues. The EEOC enforces Title VII, the Age Discrimination in Employment Act, the Americans with...more

10 Things That the EEOC’s New Retaliation Guidance Considers “Protected Activity”

The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issues” on On August 25, 2016. Careful readers will be able to deduce from the section titled “Expansive Definition”...more

EEOC Issues New Enforcement Guidance on Retaliation

Earlier this week, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues. The new guidance is the first update to the EEOC’s compliance guide on retaliation since 1998, and it marks the end of the...more

Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII

In Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory employee may be imputed to an...more

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