News & Analysis as of

Protected Activity Race Discrimination

Fisher Phillips

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Payne & Fears

Key California Employment Law Cases: July 2019

Payne & Fears on

This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Polsinelli

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...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

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

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

Seyfarth Shaw LLP

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...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

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

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