Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
Partner Greg Rolen Discusses a Whistleblower Claim at Fremont Union School District’s Board Meeting
#WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
What's Going on With Whistleblower Lines
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
Whistleblowers: Don't Drink the Government's Kool-Aid
What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections - Employment Law This Week®
Life with GDPR - EU Whistleblower Directive - Part 1
#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week®
Carrie Penman on Helpline Data Since the Pandemic
Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care
#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®
Compliance Perspectives: Anti-Retaliation Programs
On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more
If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more
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
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more
Federal Agency's Full-Day Seminar to Take Place Sept. 19 in Tumon at the Pacific Star Resort - GUAM - The federal agency tasked with enforcing laws against employment discrimination, the U.S. Equal Employment Opportunity...more
Black Mechanic Forced to Quit After Enduring Slurs, Stereotypes and Retaliation, Says Federal Agency - SEATTLE - The largest producer of farmed shellfish in the United States, Taylor Shellfish, will pay $160,000 and...more
Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more
My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front....more
Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
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
The Equal Employment Opportunity Commission (EEOC) recently issued its first enforcement guidance on employment-related retaliation in almost 20 years. The Final Guidance is in response to numerous court rulings on...more
According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these...more
Employers have been warned time and time again – retaliation claims are on the rise. With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the release of its long awaited Enforcement Guidance on Retaliation and Related Issues, replacing Section 8 of the EEOC Compliance Menu...more
The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more
On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more
Effective January 1, 2016, Assembly Bill 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of...more
Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more
From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more
Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more
Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...more
It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more
A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more
Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charged - INDIANAPOLIS - Two shareholders/officers of the dissolved corporation Bright Petroleum Inc. d/b/a The Bright Market, will pay...more