Harassment Retaliation

News & Analysis as of

Internal Investigations — Assessing Witness Credibility

As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

New Harassment and Retaliation Standard in Fourth Circuit

Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing...more

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

Single Incident of Severe Verbal Harassment Can Be Sufficient to Establish a Hostile Working Environment

In Boyer-Liberto v. Fontainebleau Corp., 2015 WL 2116849 (4th Cir. May 7, 2015), the Fourth Circuit recently held that an isolated, but "extremely serious" incident of verbal harassment can establish a hostile work...more

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

Asking Supervisor to Stop Harassment Qualifies as Protected Activity Under Title VII

A recent Sixth Circuit Court of Appeals ruling may concern employers, since it gives a broad definition to Title VII retaliation claims. On April 22, the court of appeals affirmed the trial court in ruling that informal...more

[Event] Breakfast With Your Labor Lawyer - June 3, Palo Alto, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Telling Harasser to Stop Conduct Protects Employee from Retaliation

Title VII and related federal civil rights laws prohibit employers from retaliating against an employee who files a claim, participates in an investigation or opposes conduct prohibited under anti-discrimination laws....more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

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

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Fourth Circuit Lowers the Bar in Title VII Harassment and Retaliation Cases

On May 7, 2015, the U.S. Court of Appeals for the Fourth Circuit (covering Virginia, North Carolina, South Carolina, West Virginia and Maryland) issued an opinion that potentially makes it easier for employees to survive...more

[Event] Breakfast With Your Labor Lawyer - May 19, San Francisco, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 14, San Diego, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Texas Supreme Court: Opposition to Inappropriate but not Unlawful Acts is not Protected Activity Under Texas Law

On April 24, 2015, the Supreme Court of Texas released an opinion in a case brought under Texas law that will help Texas employers defend themselves against claims of retaliation. In San Antonio Water System v. Nicholas, the...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

Protected Title VII Conduct Can Be As Simple As Telling Your Boss to Stop Harassing You

The Sixth Circuit recently ruled “a demand that a supervisor cease his/her harassing conduct constitutes protected activity covered by Title VII,” so that employees who tell a boss to stop harassing them are protected from...more

Be Global - March 2015

Brazil: Limit on Employer Obligation to Deduct Union Dues - The Brazilian Supreme Court has recently enacted Binding Precedent no. 40, which states that union support contributions are only payable by those who are...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

You Should Know - March 2015

In This Issue: - Too Pretty, Too Bad - Employee Rights - Employment Quiz - Excerpt from Employee Rights: Know Your Employment Rights: Discrimination, Harassment and the At-Will Employee Should a...more

EEOC Finds That More Than 40% Of EEOC Charges Of Discrimination Contain Retaliation Claims

Last week, the United States Equal Employment Opportunity Commission (EEOC) released its enforcement litigation data for FY 2014. Continuing a recent trend, the EEOC reported that the percentage of EEOC charges of...more

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