Topic
Retaliation
1,370 published works
Labor and Employment Compliance Blog
McDonnell Douglas and the “Convincing Mosaic”: Questions Remain After 11th Cir. And U.S. Supreme Court Rulings
Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if…
Sports Agent Blog
NFLPA Associate General Counsel Heather McPhee Sues Union for Obstruction and Retaliation
In a stunning reversal of the typical labor-management dispute, a senior attorney for the NFL Players Association has filed a lawsuit against her own union, alleging obstruction of justice, sex…
The Employer Handbook Blog
When an Investigation Creates the Retaliation Claim
Employers often assume that launching an investigation is a safe harbor. The Tenth Circuit just delivered a reminder that when decisionmakers rely on a flawed investigation, the process can matter…
The Employer Handbook Blog
When Everything Feels Like Retaliation, But the Law Says Otherwise
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand.…
Wait A Second!
FMLA interference claim is dismissed
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In this Family and Medical Leave Act case, the plaintiff argues that her employer fired her after she took 8.5 days of paid time off to care for her sick…
Appellate Advocacy Blog
When Neutral Rules Aren’t Neutral:
How Appellate Courts Should Evaluate Pretext Without Becoming Factfinders Appellate courts are understandably cautious when constitutional claims turn on motive. The concern is familiar: probing intent risks entangling appellate judges…
Law and the Workplace
The Long Arm of FLSA Retaliation: Lessons from the Ninth Circuit’s Decision in Hollis
By Allan Bloom, Rachel Edelson
The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision. Modeled after the anti-retaliation provisions in other New Deal legislation, including…
Davis+Gilbert PERKS
Former EEOC Officials Criticize Administration’s Anti‑DEI Executive Orders
On November 18, 2025, EEO Leaders (a group that includes former officials of the Equal Employment Opportunity Commission and the Department of Labor’s Office of Federal Contract Compliance Programs, who…
Understanding the ADA
Are Retaliation and Interference Claims Viable under the Rehabilitation Act in Employment Matters? The Sixth Circuit Says No
Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year…
Texas Employment Lawyer
Retaliation Claims: The Most Common Employment Lawsuit
Retaliation has become the most frequently filed type of employment law claim with the Equal Employment Opportunity Commission (EEOC). In fact, more than half of all workplace discrimination complaints now…