Topic
Retaliation
1,387 published works
Employment & Labor
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…
Employer Law Report
Sixth Circuit Court of Appeals reverses district court’s ruling in Title VII retaliation case, proving that getting the entire story is key for employers
The Sixth Circuit Court of Appeals reverses district court’s summary judgment ruling in Yazdian v. ConMed Endoscopic Tech., Inc., on a Title VII retaliation claim, finding a reasonable jury could…
California Workplace Law Blog
California Legislature Overturns Retaliation Holding in Rope v. Auto-Chlor and Classifies a Mere Request for Accommodation as a “Protected Activity”
On July 16, 2015, AB 987 was signed into law by the Governor Jerry Brown which provides a paradigm shift in favor of employees with respect to their retaliation claims. The…
Proskauer Whistleblower Defense
N.J. High Court Rules “Watchdog” Employees Protected Under State Whistleblower Law
By Joseph O’Keefe, Daniel Saperstein, Nicholas M. Tamburri
On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under…
Guideposts
Missouri Court Of Appeals Finds Juror Research Into Who Receives Punitive Damages Awards Non-Prejudicial
The Missouri courts seem to provide more than their share of material worthy of comment. In Ross-Paige v. St. Louis Metropolitan Police Department, decided on June 30, a jury had…
Workforce Bulletin
Sixth Circuit Says Complaints to Harassing Supervisor Constitute Protected Activity
Employers in the technology industry should take note of last week’s decision by the U.S. Court of Appeals for the Sixth Circuit in EEOC v. New Breed Logistics (PDF). The…
Proskauer Whistleblower Defense
Antitrust Whistleblower Protection Bill Introduced In Senate (Again)
By Steven J. Pearlman, Rachel Fischer
On June 17, 2015, members of the Senate Judiciary Committee introduced the Criminal Antitrust Anti-Retaliation Act of 2015 (Act), a bill that proposes whistleblower protection for employees who provide information…
HR Defense
EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation
At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the…
PropertyProf Blog
Lonegrass on Landlord Retaliation
Melissa Lonegrass (LSU) has posted Eliminating Landlord Retaliation from England and Wales -- Lessons from the United States (Louisiana Law Review) on SSRN. Here's the abstract:Retaliatory eviction has been the…
Labor Days
Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to…