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Human Resources Professionals › Employer Liability Issues › Protected Activity

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Seyfarth Shaw LLP

Title VII, Section 1981, and the Limits of Protected Activity

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Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Cozen O'Connor

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors

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Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more

Bradley Arant Boult Cummings LLP

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets You

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The era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any...more

Obermayer Rebmann Maxwell & Hippel LLP

Welcome to the Machine(s): Can AI Save Employers From Discrimination or Retaliation Allegations?

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Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more

Jackson Lewis P.C.

Human Resources Employee Permitted To Pursue Discharge Claim

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Rather than conduct in breach of an inherent duty of loyalty to the employer, the Eleventh Circuit Court of Appeals has ruled that a human resources representative engaged in protected activity under Title VII of the Civil...more

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Williams Mullen

Fourth Circuit Rejects “Manager Rule” in Title VII Cases

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In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...more

Fisher Phillips

New California Law Expands Retaliation Coverage

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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

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