Retaliation

News & Analysis as of

OSHA Update: OSHA Proposes To Regulate Retaliation Through Citation

In an unusual move, OSHA announced recently that it is seeking comments on proposed rules that would allow it to issue citations to employers who retaliate against employees who report injuries. The announcement comes in the...more

EEOC Sues Dunecraft for Age-Based Harassment, Discrimination and Retaliation

Company President Repeatedly Made Age-Biased Remarks and Fired a Logistics Manager Because of His Age and Complaints About the Harassment, Federal Agency Charges - CLEVELAND - DuneCraft, Inc., a Warrensville Heights,...more

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

How Should an Employer Respond to an Employee’s False EEOC Charge?

Some employers have the urge to immediately terminate an employee who has made an unfounded discrimination complaint. In other situations, an employer may gather more information but decide not to discipline. ...more

Whistleblower Hotline: Internal vs. Outsourced

There's a lot to consider when getting ready to launch a whistleblower system. What policies and codes need to be developed to support the system? What types of reporting do you need? How do you measure success? And of...more

Judge Approves $2.4 Million EEOC Settlement with Four Hawaii Farms for over 500 Thai Farmworkers

Laborers Kept in Debt Bondage, Housed in Unsanitary Facilities, Threatened, and Denied Adequate Food and Water, Federal Agency Charged - LOS ANGELES - U.S. District Judge Leslie E. Kobayashi in Hawaii has approved...more

Non-U.S. Whistleblower's Dodd-Frank Retaliation Claim Rejected

On Aug. 14, the U.S. Court of Appeals for the Second Circuit issued a decision that helps clarify the territorial reach of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15...more

One More Thing about Liu v. Siemens, the Foreign Whistleblower Case

Last week I wrote about the Second Circuit’s recent decision in Liu v. Siemens AG, in which the court held that the Dodd-Frank Act’s anti-retaliation provisions do not apply to whistleblowers overseas. As I think about it,...more

EEOC Sues Kone for Retaliation and Breach of Mediation Agreement

Elevator Manufacturer Refused to Rehire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charges - MEMPHIS, Tenn. - Kone, Inc., a manufacturer and servicer of elevators and escalators,...more

Superior Electric to Pay $55,000 to Settle EEOC Sex Harassment and Retaliation Lawsuit

Company to Institute Training and Procedures to Prevent Future Discrimination - CHEYENNE, Wyo. - Cheyenne company Superior Electric, Inc. will pay $55,000 and furnish other relief to settle a sexual harassment and...more

Third Circuit Decision Will Make It More Difficult for Employers to Defeat FMLA Interference and Retaliation Claims

Recently, the U.S. Court of Appeals for the Third Circuit issued a decision that raises the bar for employers seeking summary judgment on claims raised under the Family and Medical Leave Act (FMLA) for interference with...more

Three Year Interval Between Harassment Complaint and Failure to Promote Did Not Defeat Retaliation Claim

The more time that passes between an employee’s protected actions and alleged retaliation, the weaker the inference that the two incidents are linked. However, as demonstrated by a Seventh Circuit Court of Appeals case issued...more

Washington Court of Appeals Expands "Jeopardy" Element of Claim for Wrongful Discharge in Violation of Public Policy

This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more

EEOC Benchslaps Just Keep Coming

Yesterday we reported on an entertaining “man bites dog” case initiated by a former EEOC Phoenix Regional Office investigator who sued the EEOC for race discrimination, retaliation, and violation of her civil rights. “Another...more

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the...more

Transportation Employers, Can You Survive The Federal Audit “Tag Team”?

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share...more

Ninth Circuit Holds Alleged Retaliatory Actions Must Be Viewed in Context For Purposes of a First Amendment Retaliation Claim

In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer....more

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

Can A Whistleblower Disclose What Has Already Been Reported?

In California, employees who blow the whistle are protected from retaliation by Labor Code § 1102.5(b) which provides...more

Be Careful Where You Whistle While You Work: Courts Impose Limits on Dodd-Frank's Protection for FCPA Whistleblowers

The Dodd-Frank Wall Street Reform and Consumer Protection Act was heralded as providing whistle-blowing employees protection from retaliation by their employers. In Liu v. Siemens AG, handed down last week, the Second Circuit...more

District Court Allows ERISA Section 510 Retaliation Claim to Proceed

A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her employment was terminated...more

Social Media Policies in the Workplace

Social media usage is now ubiquitous: - Facebook users spend more than 10.5 billion minutes per day on the website. - LinkedIn has more than 277 million members in over 200 countries and territories. - Twitter...more

Whistleblower Antiretaliation Provision Does Not Apply Outside the U.S.

The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more

Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against...

The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead...more

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