News & Analysis as of

Discrimination Retaliation

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims

My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front....more

ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC

Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged - BIRMINGHAM, Ala. - ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay...more

Desco Industries Will Pay $45,000 to Settle EEOC Retaliation Lawsuit

Manufacturer Terminated Employee for Complaining About Race Discrimination, Federal Agency Charged - CHARLOTTE, N.C. - Desco Industries, Inc., a California corporation doing business in Sanford, N.C., will pay $45,000 to...more

The Cat’s Paw Theory Burns Another Employer

by SmithAmundsen LLC on

The “Cat’s Paw Theory” in discrimination cases is based upon a fable in which a clever monkey tricks an unwitting cat to pull chestnuts from a fire, so that the monkey can make off with the chestnuts without burning himself....more

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

Food Service Company to Pay $35,000 to Settle EEOC Disability Discrimination Suit

Legendary Baking Fired Employee Because of Spinal Cord Condition, Federal Agency Charged - CHICAGO - An Illinois food service company will pay $35,000 and furnish other relief to settle a disability discrimination...more

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more

Kasco to Pay $110,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Butcher Supply Company Fired Muslim Afghan Woman for Complaining About National Origin and Religious Discrimination, Federal Agency Charged - ST. LOUIS -- KASCO, LLC, a St. Louis company which manufactures and sells...more

The Customer Is (Not) Always Right: An Employer's Duty to Protect

by Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

EEOC Releases 2016 Enforcement Data: Charges Increase, Downward Trend in Litigation & Monetary Recovery, LGBT Charges Highlighted

by Genova Burns LLC on

Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases data detailing the charges of workplace discrimination it receives, the number of enforcement suits filed and resolved, and any areas of targeted...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Deep Dive Into CHRO Case Statistics Show Increases in “Harassment” Claims

by Shipman & Goodwin LLP on

As I did last year, after I posted on the general statistics of the CHRO to see if we could glean any trends, I took a deeper dive into what the statistics this year show. And there were definitely a few surprises....more

U.S. and International Employers: Now Is the Time to Reaffirm Your Commitment to Diversity and Inclusion

No doubt walking a difficult line in the wake of the election results, human resources professionals are tasked with cementing their companies’ position as equal opportunity employers. At the same time, female employees,...more

Addressing Post-Election Tensions in the Workplace

by Littler on

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Opposing Employer Actions Directed at General Public Not Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Finally! Something That's Not "Protected Activity" in California

by FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Religious Institutions Update: October 2016

by Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

EEOC Issues First Retaliation Guidance in Almost 20 Years

by Ervin Cohen & Jessup LLP on

The Equal Employment Opportunity Commission (EEOC) recently issued its first enforcement guidance on employment-related retaliation in almost 20 years. The Final Guidance is in response to numerous court rulings on...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

by Reminger Co., LPA on

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

by Seyfarth Shaw LLP on

With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,”...more

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Cybersecurity

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