Topic
Retaliation
1,381 published works
Employment Discrimination Report
Dad Files Race Discrimination Claim and Son Gets Transferred to a Less Desirable Assignment – Can This Really Be Retaliation?
The answer is a clear and unambiguous “yes.” The Supreme Court, in Thompson v. North A. Stainless, LP, a decision issued earlier this year (see our blog discussion of January…
Employment Discrimination Report
Retaliation Can Take Place After Employment Ends
We all know that an employer is not permitted to retaliate against an employee who has filed a claim or complaint of discrimination. We also know that retaliation is far easier…
Workforce Bulletin
Why Doesn’t the Supreme Court Provide a Pathway Through the Morass of Retaliation Law?
The EEOC has reported that it receives more charges of retaliation than any other type of employment discrimination charge, and that there are thousands of cases involving allegations of illegal…
Alabama Employment Law Report
PC World tells readers how to file EEOC Charge
Meridith Levinson published an article in PCWORLD on April 30 entitled "How to File an EEOC Employment Discrimination Charge: Many tech professionals over 40 have tales of how age discrimination is…
California Employment Law Update
Employee Who Complained Orally About FLSA Violation Is Protected From Retaliation
By Tony Oncidi
Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. ___, 131 S. Ct. 1325 (2011) Kevin Kasten alleged that his former employer, Saint-Gobain, terminated his employment because he orally complained to…
Texas Employment Law Update
State of Texas Immune from Worker’s Compensation Retaliation Claims
In today's Supreme Court of Texas orders, the Court held that the State of Texas (including its political subdivisions such as counties) is immune from worker's compensation retaliation suits. You can…
Fair Housing Defense
Did We Really Retaliate Against a Resident Because of a Prior Fair Housing Complaint? Likely Not, but Management Needs to Prove It
The federal Fair Housing Act (FHA) and its various state law counterparts are clear -- a resident or applicant cannot be discriminated against because he or she filed a previous…
Disability, Leave & Health Management Blog
Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim
'attendance' 'discipline' 'legitimate non-discriminatory reason' 'retaliation'
Employment Discrimination Report
Court in the Third Circuit Rules that there are no Mixed-Motive Retaliation Claims under Title VII
On March 14, 2011, the United States District Court for the Eastern District of Pennsylvania answered a lingering question regarding the proof required to prove a retaliation claim under Title…
Employment Law
Verbal Complaints Can Fall Within the Protection of the Fair Labor Standards Act’s Anti-Retaliation Provision
On March 22, 2011, in Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held that an employee who lodges verbal complaints regarding alleged violations of the Fair…