Topic
Retaliation
1,387 published works
Understanding the ADA
Alcoholism, Associational Discrimination, Retaliation, and Magic Words
For my Jewish brethren, I hope everyone survived the gauntlet of the Jewish High Holidays, which ended last night. Again, wishing everyone and their families a happy and healthy new…
California Employment Law
6 Ways to Avoid Retaliation Claims
I was recently reviewing the Department of Fair Employment and Housing's Annual Report (don't you wish you were me?), and saw that the DFEH received 17,632 complaints of employment discrimination…
Education Law Prof Blog
Third Circuit Denies Teacher’s First Amendment Retaliation Claim
The Third Circuit recently upheld a summary judgment finding in a teacher’s retaliation claim after she was discharged after her derogatory comments about students gained national attention. The Third Circuit…
Employment Law Spotlight
Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII When the Decision Maker Had No Retaliatory Motive?
In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can…
Boston ERISA & Insurance Litigation Blog
What Does Retaliation under ERISA Look Like?
What’s worse than playing games with your employees’ retirement savings? Well, probably not much, from both a moral and legal perspective. The heavy hand of the plaintiff’s bar, and possibly…
Healthcare Workplace Update
Discrimination and Retaliation Claims of Nurse with Night Blindness May Proceed, Federal Court Rules
Denying a nursing home’s motion for summary judgment, a federal court in Tennessee has allowed a nurse who suffered from impaired vision to proceed with her age and disability discrimination…
Understanding the ADA
Failure to Promote, Failure to Accommodate, Retaliation, and Breach of Confidentiality As ADA Causes of Action
Hope everyone had a great weekend. The deadline for submitting my blog for the ABA top 100 legal blawgs expired last night. A few have let me know that they…
Proskauer Whistleblower Defense
SEC Issues Interpretive Rule Regarding Definition of Dodd-Frank “Whistleblower”
By Lloyd B. Chinn, Steven J. Pearlman, Harris Mufson
In response to the disagreement amongst courts regarding the scope of Dodd-Frank’s employment retaliation protections, on August 4, 2015, the SEC issued an “interpretive rule” clarifying that individuals who have…
HR Defense
An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee
By Matthew A. Steinberg, Samantha Abeysekera, Christopher R. Lepore
Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…
EEOC Year-End Countdown
Court Issues Preliminary Injunction Prohibiting Employer From Terminating Employee Pending Resolution Of EEOC Lawsuit
By Laura J. Maechtlen and Courtney K. Bohl On July 22, 2015, in Equal Employment Opportunity Commission v. Peters’ Bakery, Case No. 13-CV-045107 (N.D. Cal. July 22, 2015), Judge Beth…