Retaliation Adverse Employment Action

News & Analysis as of

Where’s the Beef Part II: Court Refuses To “Butcher” EEOC’s Religious Discrimination Claim

Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more

New California Law Expands Retaliation Coverage

Employees Requesting Accommodation Are Now Protected - On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be...more

An Employer’s Obligation to Follow up after Receiving a Medical Certification: Greater Than You Might Think

If an employee seeks FMLA leave, she typically needs to ask for it. Likewise, it goes without saying that if an employee is asked to provide a medical certification in support of her request (something employers are free to...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

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

What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...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

Arizona's "Whistleblower" Laws: Tread Carefully

A “whistleblower” is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide...more

King Arthur Week – The Green Knight and the Protection of Whistleblowers – Part IV

We continue our King Arthur themed week with an exploration of one of the most interesting characters in the Arthur canon, The Green Knight, so called because his skin and clothes are green. The meaning of his greenness has...more

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more

Closely Watched Weist SOX Whistleblower Case Dismissed

The Eastern District of Pennsylvania recently ruled that an employee’s SOX whistleblower retaliation claim failed as a matter of law because no causal connection existed between his complaints and termination and the employer...more

Former Harvard Professor Files Title IX Lawsuit After Being Denied Tenure

Over the past year, an exceptional number of colleges and universities have been accused by both complainants and accused students of mishandling complaints of sexual misconduct in violation of Title IX. Now, in a somewhat...more

Washington Jury Awards “Perceived” Whistleblower $1 Million

In a jury verdict issued on March 26, 2015, a supervisor for the nation’s largest ferry system was awarded $1 million because the jury concluded that his employer demoted him as an act of retaliation in violation of the...more

What Employers Can Learn from Ellen Pao v. Kleiner Perkins

Kleiner Perkins emerged victorious last week in their former employee Ellen Pao’s heavily publicized sex discrimination lawsuit when the jury handed down a defense verdict after days of deliberation. Pao filed suit in...more

A Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit

The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting....more

Whistleblowing in Tennessee: Does It Matter Who Hears the Whistle?

A whistleblower claims he was fired because he complained about wrongful conduct, and sues for retaliation. For the claim to survive, does it matter who hears the whistleblower's whistle? The Tennessee Supreme Court has...more

Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Ex-Dallas ISD Employees Say HR Department Operated Through Fear, Retaliation

Shortly after Chrystal Thierry refused to approve some extremely high pay raises for several top administrators within the Dallas Independent School District, she says she became the victim of retaliation. As the compensation...more

Justice Department Settles Sexual Harassment and Retaliation Suit Against the State of Maryland, Queen Anne’s County, and the...

WASHINGTON - The Justice Department announced today that it has entered into a consent decree with the state of Maryland and the Queen Anne's County Sheriff. If approved by the court, the settlement will resolve Murphy-Taylor...more

Court Rules That Outing a Whistleblower Constitutes Retaliation

When whistleblowers intend to remain in their company after alerting authorities to wrongdoing, it is imperative that they are able to maintain their privacy so that they would not be the victims of retaliation by other...more

Whistleblower Fired After Uncovering ‘Too Much Corruption’

A whistleblower case involving a nonprofit organization made big news recently after an employee was fired for “uncovering too much corruption” in grants given to the organization. That employee was John Parsons, a former...more

Texas Oil Regulator Files Wrongful Termination Claim After Exposing Safety Issues

An oil inspector in Texas claims to have been wrongfully fired for reporting safety violations within his company and being subject to unfair retaliation in the time leading up to his dismissal....more

Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other...more

Hot Wheel City Will Pay $20,000 to Resolve EEOC Sexual Harassment and Retaliation Lawsuit

DETROIT -- Hot Wheel City, a Detroit-based automotive wheel and accessory store chain, has agreed to pay $20,000 and to provide equitable relief to settle a federal sexual harassment and retaliation lawsuit brought by the...more

99 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×