Retaliation

Workplace Harassment Benchmark Survey

by NAVEX Global on 5/20/2013

Executive Summary - NAVEX Global, the world’s largest provider of workplace ethics and compliance solutions, conducted a survey of 500+ ethics and compliance business professionals to identify trends in broader...more

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

by Jason F. Clouser, William M. Regan | Katten Muchin Rosenman LLP on 5/15/2013

In a case involving “several questions of first impression,” the US District Court for the Southern District of New York denied summary judgment for all but one of the defendants in a case alleging violations of the...more

America’s Largest Onion Grower to Pay $150k to Settle EEOC Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 5/15/2013

River Point Farms Supervisor Reinforced Domestic Abuse, Federal Agency Charged - PENDLETON - A Hermiston, Ore., farm which calls itself America's largest onion grower will pay $150,000 to a female worker and provide...more

12 Internal Benchmarks for Helpline Reporting

by NAVEX Global on 5/14/2013

Brief Explanation of Internal Benchmarks - While senior leaders and board members often express concerns about how a company’s data compares to external benchmarks, it is equally important that companies review their...more

Jury Awards More Than $1.5 Million in EEOC Sexual Harassment and Retaliation Suit against New Breed Logistics

by U.S. Equal Employment Opportunity Commission... on 5/13/2013

MEMPHIS, Tenn. - A jury has rendered a verdict of more than $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC) sexual harassment and retaliation lawsuit against New Breed Logistics, a North ...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

"My Prior Complaint Was One Of The Reasons For The Adverse Employment Action": Mixed Motive Theories For Retaliation Claims Under...

by Nefertari S. Rigsby | Akerman Senterfitt on 5/10/2013

Recently, the Supreme Court heard oral arguments in University of Texas Southwestern Medical Center v. Nassar, which addresses the causation standard for retaliation claims under Title VII. The Supreme Court has already held...more

Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/9/2013

In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability....more

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

by Michael Newman | Barger & Wolen on 5/8/2013

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

EEOC Wins Jury Verdict of More than $20 Million for Sexual Harassment and Retaliation

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Florida Travel Agency Subjected Women to Verbal and Physical Abuse and Disrespect, Manager Fired for Complaining, Federal Agency Charged - TAMPA, Fla. - A federal jury has returned a unanimous verdict awarding a total...more

OCR Issues New Guidance Regarding Retaliation

by Scott Warner | Franczek Radelet P.C. on 4/29/2013

For the first time, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance this week in the form of a “Dear Colleague Letter” that specifically addresses retaliation. Like complaints filed with the...more

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/25/2013

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status

by Michael Finio, Keith Lorenze | Saul Ewing LLP on 4/24/2013

The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

Whistleblowers Protected Even If Employers Don't Violate Securities Laws, 3rd Circuit Says

by Marta Moakley | XpertHR - Partnered with LexisNexis on 4/23/2013

An employer need not actually violate the Sarbanes-Oxley Act (SOX) for its employees to receive SOX whistleblower protections, the 3rd Circuit Court of Appeals has ruled. Wiest v. Lynch, +2013 U.S. App. LEXIS 5345 (3d Cir....more

Blue Cross Must Pay $4M For Dropping Patient-Advocate Doc

by Sylvia Hsieh | Lawyers.com on 4/22/2013

A doctor who claimed health insurer Anthem Blue Cross retaliated against him for being a strong patient advocate, has won a $3.8 million verdict against the insurer....more

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

Fenwick Employment Brief: Employee Asked To Wear French Maid's Costume Not Sexual Harassment

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/19/2013

In Westendorf v. West Coast Contractors of Nevada, Inc., the Ninth Circuit upheld the dismissal of a sexual harassment complaint, despite offensive comments made by plaintiff's supervisor and coworkers, including a request...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

Utah Construction Company Pays $230,000 to Settle EEOC Racial Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Court Found Holmes & Holmes' Work Environment Was Hostile to Blacks - SALT LAKE CITY - Utah construction company Holmes & Holmes Industrial, Inc. will pay three former employees $230,000 and improve its future...more

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Company Fired Pregnant Worker & Her Husband for Reporting Discrimination - LAS VEGAS-Engineering Documentation Systems, Inc. (EDSI) agreed to pay $70,000 and to implement anti-discrimination measures to settle a ...more

Revisions to The European Union’s Trade Defence Instruments

by Philip Bentley | McDermott Will & Emery on 4/16/2013

The European Commission has published legislative proposals that would make EU anti-dumping and anti-subsidy instruments more efficient and better adapted to shield EU producers from unfair practices. Specifically, the...more

Amended North Dakota Law Provides Greater Job Protection For Certain Emergency Responders

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 4/16/2013

Effective August 1, 2013, North Dakota employers of voluntary emergency responders may not take unfavorable employment action - such as terminate, demote or discriminate - against employees who are on leave for more than 20...more

Legal Alert: OFCCP Updates Non-Retaliation Policy

by Linda Cavanna-Wilk | FordHarrison on 4/16/2013

The Office of Federal Contract Compliance Programs (OFCCP) has issued an announcement both reassuring covered contractors that seeking compliance assistance will not trigger a compliance review but also noting that seeking...more

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

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