Retaliation, Adverse Employment Action

"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

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

Second Circuit Adopts EEOC’s Rule On Harassment By A Nonemployee

by Cynthia A. Augello | Cullen and Dykman LLP on 3/14/2013

In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013...more

Mixed Motive Case Provides Mixed Results For California Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/13/2013

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

Supreme Court To Hear "Mixed Motive" Title VII Case

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/23/2013

The Supreme Court has agreed to hear an intriguing case regarding whether an employer can be held liable even if it has a legitimate reason for making an adverse employment decision. The Court announced on January 18 that it...more

Key Indicia Of Retaliation In FLSA Action

by Rachel Fischer | Proskauer - Whistleblowing & Retaliation on 12/18/2012

The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more

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Retaliation › Adverse Employment Action