Retaliation

News & Analysis as of

Indianapolis Hampton Inn Operators Held in Contempt for Breaching EEOC Consent Decree Settling Earlier Class Race Bias Suit

Federal Court Also Rules That EEOC Is Entitled to Submit a Petition for Fees and Costs. INDIANAPOLIS - A federal judge has held that the operators of the Hampton Inn on Shadeland Avenue in Indianapolis in contempt for...more

JD Supra Thought Leaders On: Retaliation

Meet some of the top writers providing insight and analysis on Retaliation and related workplace matters on JD Supra during the past 30 days....more

Non-Profit to Pay $309k for ADA Claim

One would assume that a non-profit organization that provides behavioral, rehabilitative and social support services would be adept at complying with the Americans with Disabilities Act (ADA). But, this does not seem to be...more

Top Three Findings From NAVEX Global’s 2015 Ethics & Compliance Hotline Benchmark Report

For years, NAVEX Global has been proud to provide the industry’s best and most statistically accurate hotline benchmarking data. By analyzing anonymized data we gather through our hotline and case management solutions, we...more

Is a Company’s Release of Claims a Form of Retaliation under Federal Anti-Discrimination Laws? EEOC v. Allstate

The EEOC may have taken enforcement of anti-retaliation provisions of antidiscrimination laws a step too far the Third Circuit ruled in February, and companies transitioning a work force from employees to independent...more

US Supreme Court: Statement of the Legal Theory Supporting a Claim Is Not Required in a Pleading

The US Supreme Court recently emphasized that pleadings under the Federal Rules of Civil Procedure do not require a statement of the legal theory supporting the claim. In Johnson v. City of Shelby, 135 S. Ct. 346 (U.S. 2014),...more

Not following instructions will still get you fired, even when you engage in protected activity

In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her...more

Retaliation Dominated EEOC Charges in 2014, Agency Statistics Show

The number of discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in fiscal year 2014 reached the lowest level since 2007, according to recently published statistics from the EEOC....more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Employer Violates Public Policy by Retaliating against "Perceived" Whistleblower

A recent California court decision highlighted the importance of getting your facts straight before taking action against an employee. The ruling stemmed from a retaliation lawsuit brought by a woman whose former employer...more

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

Employers Must Prepare Now for Seattle’s New Minimum Wage Rate, Effective April 1

Employers with employees working within the city limits of Seattle must begin complying with Seattle’s Minimum Wage Ordinance on April 1. The new Seattle ordinance will increase the hourly minimum wage for covered employees...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

Labor Department issues procedures for handling SOX whistleblower complaints

The United States Department of Labor has issued a Final Rule regarding procedures for handling employee whistleblower retaliation claims under the Sarbanes-Oxley Act of 2002 (SOX) and the Dodd-Frank Wall Street Reform and...more

Yuma-Area Health Center Sued by EEOC for Retaliation

Regional Center for Border Health Fired Employee Because She Complained About Sexual Harassment, Federal Agency Charges - SOMERTON, Ariz. - The Regional Center for Border Health, Inc., a Yuma-area health center,...more

Lessons From the Kleiner Perkins Trial: Stopping Discrimination Against Women

In recent weeks much media attention has been paid to an important case against a well-known Silicon Valley venture capital firm Kleiner Perkins Caufield Byers. Since late February, the technology sector venture capitalist...more

3 New Developments in Whistleblower Retaliation (Hint: Preventing Retaliation Takes More Than an Anonymous Whistleblower Hotline)

I find the ethics and compliance industry full of paradoxes. First, it has a reputation for being dry, dull… full of ‘heretofores’ and ‘thou-shall-nots’. But I think it’s anything but dull. Whistleblowers, bribery,...more

Jamison Shaw to Pay $27,500 to Settle EEOC Lawsuit

Federal Agency Charged Employee Was Fired in Retaliation for Complaining About Employer's Refusal to Provide Reasonable Accommodation for Scoliosis - ATLANTA - Jamison Shaw, Inc., a hair salon based in Atlanta, will...more

NAVEX Global’s 2015 Ethics and Compliance Hotline Benchmark Report: Three Ways to Put Our Data to Work for You

Ethics and compliance professionals regularly gather and analyze report data made through their numerous reporting systems. What they do with this data may mean the difference between identifying potential problems early, or...more

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

The “Protected Activity” Prong of a Prima Facie Retaliation Claim

Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more

You Should Know - March 2015

In This Issue: - Too Pretty, Too Bad - Employee Rights - Employment Quiz - Excerpt from Employee Rights: Know Your Employment Rights: Discrimination, Harassment and the At-Will Employee Should a...more

Another Exception to Employment At-Will

Virginia is known as a stalwart adherent to the doctrine of employment at-will. The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or...more

Windmill Farms Nurseries to Pay $40,000 to Settle EEOC Sexual Harassment Lawsuit and Retaliation

Female Agricultural Worker Was Subjected to Sexual Harassment by Crew Leader and Fired for Complaining, Federal Agency Charged - Tampa, Fla. - Windmill Farms Nurseries, Inc., a plant material wholesaler and nursery...more

Worker’s Failure to Perform His Job Duties Satisfactorily Dooms FEHA Retaliation Claim

Manner v. Intevac, Inc., No. H038979 (January 2, 2015): The California Court of Appeal recently upheld a trial court’s granting of summary judgment of a former employee’s claims of retaliation in violation of the Fair...more

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