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Fifth Circuit Says Third Party Cannot Sue for Retaliation Under Title VII

In its 2011 North American Stainless decision, the U.S. Supreme Court agreed that an engaged man could sue for retaliation under Title VII after he was fired around the time his fiancée filed a discrimination claim against...more

Eleventh Circuit Says Employee Cannot Claim Retaliation if Actions Interfered With Job Performance

Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more

Prospective Employees Cannot Bring FLSA Retaliation Claims

As with most federal labor laws, employers cannot retaliate against employees who complain about wage payment violations under the Fair Labor Standards Act. What happens, however, when a prospective employee claims that they...more

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

Fourth Circuit Concludes Complaints Over Mandatory Arbitration Are Not Protected

The Sarbanes-Oxley Act (SOX) provides federal whistleblower protections against retaliation for employees of publicly held companies who complain about fraudulent activities. However, not all employee complaints are protected...more

Fourth Circuit Says Rumors About Sex for Promotions Constitute Actionable Sexual Harassment

Successful women have long been the subject of rumors that promotions or other career advancements were the result of their “sleeping their way to the top.” Earlier this month, the Fourth Circuit Court of Appeals (which...more

FY 2018 EEOC Charges Hit 12-Year Low

Last week, the Equal Employment Opportunity Commission released information on charges filed with the agency in fiscal year 2018. Total charges declined to 76,418, the lowest number filed with the EEOC since 2006. ...more

OSHA Sues Company for Allegedly Reporting Injured Employee to ICE

The Occupational Safety and Health Act prohibits employers from retaliating against employees who report workplace injuries to OSHA. On March 1, OSHA filed a lawsuit against a Massachusetts construction company whose CEO...more

Fourth Circuit Says Failure to File Timely EEOC Charge Does Not Deprive Court of Jurisdiction

In a recent EmployNews article, we reported on a federal appellate circuit split over how courts should dispose of employment discrimination suits where the plaintiff fails to file an EEOC charge within the required statutory...more

Fourth Circuit Refuses to Protect Employee Who Copied Personnel Files to Support Discrimination Claim

When a current employee files an EEOC charge or other legal claim against his or her employer, the company sometimes learns that the employee has been taking company documents and providing them to persons outside the...more

Management Company Possibly Considered Hotel Worker's Employer for Title VII Liability

In the hospitality industry, it is fairly common for a hotel to retain a management company to run housekeeping, food and beverage, and other functions. While the management company may supervise and direct the work of hotel...more

Wave of New EEOC Lawsuits Targets Harassment Claims

Over the past month, the Equal Employment Opportunity Commission has filed a series of lawsuits targeting alleged harassment and retaliation situations. The EEOC has filed the suits in coordinated waves, spread out in...more

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Fourth Circuit Says Hyper-Vigilant Supervision Enough to Support Race Discrimination and Retaliation Claim

Here is an alleged fact pattern that if true, will almost guarantee that an employer will write a large check to a former employee: ..Her supervisor had made well-known her objection to African-American employees in the...more

Fourth Circuit Raises Bar for Dismissal of Sexual Harassment Claims

Through the 2000s, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) had the reputation as one of the most employer-friendly U.S. appellate courts. As new judges took to the bench over the...more

Lack of Bonus Plan Explanation Does Not Violate Sarbanes-Oxley

The Sarbanes-Oxley Act (SOX) prohibits publicly held employers from retaliating against employees who report illegal conduct that could have a material impact on shareholders. Since SOX was enacted, federal courts have issued...more

EEOC Sues Employer for Mandatory Bible Study Meetings

From time to time, we encounter businesses described by their owners as managed and operated under Christian principles. The owners explain that they use their personal faith to guide their business decisions, including...more

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such...more

Fifth Circuit Allows Award of Compensatory Damages for FLSA Overtime Violation

In its December Vaughn decision, the Fifth Circuit Court of Appeals concluded that plaintiffs in age discrimination cases may not collect compensatory or punitive damages. The court based its decision on its interpretation of...more

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