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

Holiday Systems Voluntarily Settles EEOC Sex Harassment & Retaliation Charges After Agency Finds Violation

LAS VEGAS - Holiday Systems International, a Las Vegas-based travel wholesaler, has agreed to settle alleged sex harassment and retaliation charges filed with the U.S. Equal Employment Opportunity Commission (EEOC), the...more

New Developments on Interplay between Whistleblower Actions and Other Attacks on Hospital Discipline

Hospitals and their medical staffs may consider it time to dust off their bylaws, in consideration of a recent legal development in a peer review proceeding. Last year, the California Supreme Court held that Mark T....more

Whistleblower Awarded $80,000 in Punitive Damages

A recent case, Peasley v. Regis Corporation, resulted in a jury awarding $80,000 in punitive damages to the plaintiff, a hair stylist named Valerie Peasley. The claim was filed under the Maine Whistleblower Protection Act....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

The Right to Give One-Star Reviews

Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more

OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...more

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its...more

Zoria Farms to Pay $330,000 for Sexual Harassment, Retaliation Against Farmworkers in EEOC Suit

Dried Fruit Processor Supervisors Sexually Harassed Latina Farmworkers, Then Fired Those Who Complained, Federal Agency Charged - FRESNO - Zoria Farms, which once operated one of the largest processors of dried fruits...more

Retaliation: Realities and Myths

Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...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

Third Circuit Issues Bright-line Interpretation of FMLA’s “Overnight Stay” Rule

Early last month, the U.S. Court of Appeals for the Third Circuit held that a former employee’s hospital stay did not count as an “overnight stay” under the Family and Medical Leave Act, and thus did not trigger the FMLA’s...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

KONE Inc. to Pay $85,500 to Settle EEOC Retaliation and Breach of Mediation Agreement Lawsuit

Elevator Manufacturer Refused to Hire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charged - MEMPHIS, Tenn. - KONE Inc., a manufacturer and servicer of elevators and escalators, has...more

Commissioners Examine Strategies to Reduce Retaliation in the Workplace

Workplace Culture Key to Preventing and Rectifying Retaliation - WASHINGTON - Addressing retaliation is good for businesses and for workers a panel of experts told the Commissioners of the U.S. Equal Employment...more

Every Step You Take…Can Your Employer Be Watching You?

It sounds like something out of an Orwell novel: an employer demands an employee provide electronic notice of her whereabouts at all times, on and off the clock. The employee must now face a choice – protect her privacy...more

Chicago Employers Subject to New Minimum Wage and Posting Requirements Beginning July 1, 2015

Beginning July 1, 2015, employers that maintain a business facility within the city of Chicago, and/or are required to obtain a business license to operate in the city, will be required to comply with the city’s Minimum Wage...more

US Marshals Whistleblowers Claim Officials Use Freedom of Information Act for Retaliation

Multiple whistleblowers have come forward from the U.S. Marshals Service, claiming that leadership within the agency uses requests under the Freedom of Information Act (FOIA) to retaliate against individuals because they...more

Provider Alleges Retaliatory Use of Medicare Payment Suspension

A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to...more

Fourth Circuit Lowers Bar for Employees in Title VII Retaliation Claims

The case involved an African American cocktail waitress who claimed she was called a “porch monkey” by another employee twice within a 24 hour period. Shortly after reporting the incidents, her employment was terminated. She...more

Culture of Corruption in the Financial Industry: A Closer Look

A closer look at new research data about corruption in the financial industry: is the industry as far behind on organizational culture as it might seem?  A recent study, “The Street, The Bull and The Crisis: A Survey of...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

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