Topic
Protected Activity
61 published works
Labor Relations Law Insider
New NLRB Ruling Leaves Many Questions Unanswered for Non-Union Employers
On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its decision in Karl Knauz Motors, Inc., 358 NLRB No. 164 (2012). The NLRB affirmed an Administrative Law Judge’s…
Employment Discrimination Report
Court Emphasizes That Claim For Retaliation Based Upon Engaging In “Statutorily Protected Activity” Must Have Reasonable Basis, Besides Being Made In Good Faith
We have written a lot about retaliation -- for good reason. It is the most frequently filed employment discrimination charge (see our blog of 9/20/11), and, more importantly, it is far…
HR Defense
Manager’s Opposition to Employer’s Handling of Rape Allegations Not Protected Activity, Rules Eleventh Circuit
Title VII generally protects employees who oppose employment practices made unlawful by Title VII, such as sexual harassment. But what happens when a manager disagrees with the way in which…
Minnesota Employer
Obscene Insults May Not Be Protected Activity Under the NLRA
In a recent Advice Memorandum, an Associate General Counsel at the National Labor Relations Board (“NLRB”) determined that an employer did not violate the National Labor Relations Act (NLRA) when…
Minnesota Employer
What Constitutes Protected Activity Under The Minnesota Whistleblower Act?
The Minnesota Whistleblower Act provides that an employer may not discharge, discipline, threaten, discriminate against, or penalize an employee regarding his or her compensation or terms of employment because the…
Employment & Labor
LAW ALERT: Jumping Off the Cliff – Supreme Court Expands Retaliation To Protect Employee for His Fiancee’s Protected Activity
By Alden Parker
Yesterday’s decision in Thompson v. North American Stainless (S.Ct. 1/24/11) illustrates that retaliation may now be the most employee/plaintiff friendly area in employment law. There, a unanimous Court held that an employee,…
Texas Employment Law Update
Supreme Court Recognizes Third-Party Retaliation Claims under Title VII
The U.S. Supreme Court announced that employees, who never engaged in protected activity, can bring third-party retaliation claims against their employers when they suffer an adverse employment action due to their connection…
Train Law Blog
How The FRSA Overrides Valid Reasons For Discipline
Strange as it sounds, a railroad manager can have a valid reason for taking disciplinary action against an employee and still be in violation of the FRSA. How? Because the employee's protected activity…
Employment & Labor
Discipline of Employees Who Have Engaged in Protected Activity
Lots of laws prohibit an employer from firing or taking some other adverse action against an employee based on the employee’s protected conduct, status, or activity. But what happens when…
Labor Law Prof Blog
Unprotected Profanity
One of my students' favorite hypos is whether an employer can terminate an employee who uses profanity to engage in otherwise protected activity. I usually use the facts from a…