News & Analysis as of

Retaliation Back Pay

Bowditch & Dewey

UT Austin Reconsiders Tenure Bid After $3M Pregnancy Discrimination Jury Verdict

Bowditch & Dewey on

Following a $3,000,000 jury verdict against it earlier this year, The University of Texas at Austin (“UT Austin”), recently reconsidered the tenure bid of Dr. Evdokia Nikolova (“Dr. Nikolova”). In July 2020, Dr. Nikolova...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lodging Lane Hospitality for Sexual Harassment and Retaliation

Hotel Manager Sexually Harassed Female Housekeeper for Months and Then Fired Her for Complaining About It, Federal Agency Charges - OXFORD, MS – Lodging Lane Hospitality, doing business as Home2 Suites and owned and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Software People, Inc. for Age Discrimination and Retaliation

IT Staffing Agency Refused to Refer Applicant Who Objected to Recruiter’s Discriminatory Inquiry Concerning His Age, Federal Agency Charges - NEW YORK – Software People, an IT support staffing agency based in Long Island,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jerry’s Chevrolet for Pay Discrimination and Retaliation

Car Dealership Fires Female Dispatcher Who Complained About Unequal Pay, Federal Agency Says - BALTIMORE – Jerry’s Chevrolet, Inc., an automobile dealership in Baltimore, violated federal law when it paid a female...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues SSC Montrose San Juan Operating Co., LLC, SavaSeniorCare Administrative Services, LLC, And Sava Senior Care LLC For...

Nursing Facility Tolerated Sexual Harassment of Female Employees and Retaliated Against an Employee Who Reported Harassment - MONTROSE, Colo. – SSC Montrose San Juan Operating Co., LLC, SavaSeniorCare Administrative...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues MedicOne Medical Response for Sexual Harassment

Health Care Transportation Company Subjected Female Paramedics to Ongoing Sexual Harassment and Retaliation, Federal Agency Charges - NASHVILLE, Tenn. – MedicOne Medical Response, an independent medical transport company...more

U.S. Equal Employment Opportunity Commission...

Kindred at Home Sued by EEOC for Disability Discrimination and Retaliation

Home Health Services Provider Placed Employee on Unpaid Leave After She Requested a Limited Period of Telework, Federal Agency Charged - ATLANTA – Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle Mexican Grill for Sexual Harassment and Retaliation

Restaurant Allowed Coworker to Repeatedly Harass Manager and Fired Her for Complaining, Federal Agency Charges - TAMPA, Fla. – Chipotle Mexican Grill, Inc., an international restaurant chain, violated federal law when a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis & Davis Enterprise / All Secure Security for Pay Discrimination

Baltimore Security Company Paid Female Employees Less Than Male Coworkers, Federal Agency Charged - BALTIMORE - Davis & Davis Enterprise, Inc., also known as All Secure Security Company, a Baltimore-based security guard...more

Seyfarth Shaw LLP

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request For Back Pay

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Seyfarth Synopsis: The Sixth Circuit ordered a new trial in a Title VII case where plaintiff presented evidence he was entitled to back pay, the employer presented no evidence to the contrary, and the jury only awarded a...more

Littler

Ninth Circuit Orders Gross Ups for Back Pay Award

Littler on

In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax...more

Seyfarth Shaw LLP

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

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Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

Proskauer - Whistleblower Defense

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation...more

Fisher Phillips

New Jersey Court Ruling Raises Price Of Employment Discrimination

Fisher Phillips on

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Zelle  LLP

Employment Law Navigator – Week in Review: September 2016

Zelle LLP on

Last week, it was reported that 10,000 Chipotle workers have joined the class action against the Tex Mex chain for unpaid wages, claiming Chipotle routinely made them work off the clock. That’s roughly one in five Chipotle...more

Seyfarth Shaw LLP

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Butler Weihmuller Katz Craig LLP

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Proskauer - Whistleblowing & Retaliation

SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints

The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more

Foley Hoag LLP

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

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Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

Proskauer - Whistleblowing & Retaliation

Illinois Appellate Court Affirms Whistleblower’s Multi-Million Dollar Award

On March 2, 2016, an Illinois Appellate court upheld a jury verdict awarding over $3 million to Plaintiff James Crowley (Plaintiff) on his whistleblower retaliation claim under the Illinois State Official and Employee Ethics...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Suit Against McWhite Funeral Home for Sexual Harassment and Retaliation

Owner Subjected Female Employees to Unwanted Touching, Overtures and Retaliated Against Women Who Did Not Acquiesce, Federal Agency Charges - MIAMI - A Fort Lauderdale, Fla., funeral home violated federal law by...more

U.S. Equal Employment Opportunity Commission...

Achiote Restaurant Sued by EEOC for Sexual Harassment and Retaliation

Young, Male Mexican-American Workers Were Sexually Harassed by Restaurant Manager, Federal Agency Charges - SAN DIEGO, Calif. - A San Ysidro, Calif., restaurant which serves Mexican food just north of the U.S.-Mexico...more

Fenwick & West LLP

Fenwick Employment Brief - September 2013

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As mentioned in last month’s FEB, California recently enacted a new law clarifying that a plaintiff alleging sexual harassment is not required to show that the alleged harassment was motivated by sexual desire. Governor Jerry...more

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

Construction Contractor Settles Sex Harassment Allegations With OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) announced this week that a federal construction contractor providing environmental remediation and restoration services has settled allegations of sexual harassment,...more

Miller Canfield

SEC Whistleblower Program: What Employers Need to Know

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Attorneys Matt Allen and Todd Holleman give insights to the SEC Whistleblower Act and what employers need to know. ...more

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