Topic
Retaliation
1,387 published works
Employment Law
Second Circuit Reverses Dismissal Of Retaliation Claim Citing Cat’s Paw Liability
By Jed Weiss
The Second Circuit recently invoked a 17th century fable in reviving an employee’s retaliation claim against her employer even where the employer had no retaliatory intent. In Vasquez v. Empress…
Wage & Hour - Developments & Highlights
Makin’ Choices Makes Bad Choice In Allegedly Retaliating Against Employees Who Received Monies from USDOL Audit
After an employer make settlements with employees, especially if done through a DOL investigation, and those employees are still employed, there exists perhaps a natural “urge” to take some of…
HR Defense
Employers Take Note, EEOC Issues Final Retaliation Guidance
Employers should review their policies concerning retaliation and Americans with Disabilities Act (ADA) interference in light of the new Enforcement Guidance on Retaliation published by the EEOC this week. As…
Employment & Labor
The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016
By Beth V. West
On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate "interference" provision under…
Employment Law Worldview
EEOC Issues Long-Awaited Retaliation Guidance
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8:…
Law and the Workplace
Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII
By Joseph Baumgarten, Laura Fant
In Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory…
Global Workplace Insider
“Promising practices” encouraged by EEOC to prevent retaliation
By Russell Kott
The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final “Enforcement Guidance on Retaliation and Related Issues” following a six-month public comment period. The guidance replaces the EEOC’s 1988…
FCA Update
Fourth Circuit Affirms Dismissal of Ex-Employee’s Retaliation Suit
On August 22, 2016, the US Court of Appeals for the Fourth Circuit issued a decision in Carlson v. DynCorp International LLC, affirming the district court’s dismissal of an ex-employee’s…
Labor Law Prof Blog
EEOC Issues Retaliation Guidance
The EEOC just issued its final enforcement guidance on issues related to retaliation (after a public input period). The guidance replaces the information in the 1998 compliance manual on the…
Train Law Blog
Landmark Seaman’s Protection Act Retaliation Award
Under the Seaman's Protection Act (SPA), merchant marine seamen enjoy the same protection against retaliation that railroad workers enjoy under the Federal Rail Safety Act. But due to the shipping…