News & Analysis as of

Protected Activity Civil Rights Act

Constangy, Brooks, Smith & Prophete, LLP

Retaliation. The second guy always gets caught.

Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more

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

Seyfarth Shaw LLP on

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

Cozen O'Connor on

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

FordHarrison

The Women of Amazon Studios’ The Boys Offer Lessons on Title VII Retaliation

FordHarrison on

Piggybacking off my colleague Tim Reed’s recent post providing the background/plot and discussing employer liability issues in Amazon Studios’ The Boys, I am happy to continue expounding upon the various employment law issues...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Seyfarth Shaw LLP

8th Circuit Agrees, Request For Religious Accommodation Is Not Opposition Conduct

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Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause...more

Jackson Lewis P.C.

Human Resources Employee Permitted To Pursue Discharge Claim

Jackson Lewis P.C. on

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

Burr & Forman on

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

Poyner Spruill LLP

Fourth Circuit Addresses Question of Employer Knowledge in Title VII Retaliation Suit

Poyner Spruill LLP on

Title VII of the Civil Rights Act of 1964 prohibits not only discrimination in employment on the basis of certain protected categories such as race, but also retaliation against an employee who opposes such discrimination....more

Bracewell LLP

“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment

Bracewell LLP on

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more

FordHarrison

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

FordHarrison on

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal...more

Seyfarth Shaw LLP

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...more

Seyfarth Shaw LLP

Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case

Seyfarth Shaw LLP on

Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly...more

Butler Snow LLP

Time Is On Your Side — Or At Least, It Can Be

Butler Snow LLP on

Defending retaliation claims can often be an uphill battle, but a recent Sixth Circuit decision serves as a good reminder of not only the elements an employee must show to establish his or her case, but also how employers can...more

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