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Harassment Protected Activity

Venable LLP

Hashtags and Headlines: The Rise of Social Media

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Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

Littler on

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more

Tucker Arensberg, P.C.

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Bradley Arant Boult Cummings LLP

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Kelley Drye & Warren LLP

The California Court Of Appeal Weighs In: The Development And Production Of An Entertainment Program Is Protected Under The...

In a recent 50-page published opinion, the California Court of Appeal determined that offensive and derogatory language on a movie set was protected activity under the anti-Strategic Lawsuit Against Public Participation (or...more

FordHarrison

Finally! Something That's Not "Protected Activity" in California

FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Robinson+Cole Data Privacy + Security Insider

Does Employees’ Use of Apps Lead to Violations of Workplace Policies?

The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in...more

Zelle  LLP

That is SO last week - October 2015 #4

Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Baker Donelson

Fourth Circuit Joins Other Federal Courts in Broadly Interpreting the Scope of Title VII Retaliation Claims

Baker Donelson on

On May 7, 2015, the Fourth Circuit ruled that an isolated instance of harassment, if "extremely serious," can create a hostile work environment, and that complaining about such harassment constitutes protected activity under...more

Miller Canfield

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

Miller Canfield on

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Kelley Drye & Warren LLP

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Fisher Phillips

Better Check The Brakes

Fisher Phillips on

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Supreme Court Expands State Law Retaliation Claims

On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific...more

Morgan Lewis

NJ Supreme Court Clarifies Employee “Protected Activity”

Morgan Lewis on

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

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