Topic
Retaliation
1,387 published works
California Employment Law Update
LAPD Officer Properly Prevailed In FLSA Anti-Retaliation Claim
By Tony Oncidi
Avila v. Los Angeles Police Dep’t, 2014 WL 3361123 (9th Cir. 2014) Leonard Avila, a police officer with the Los Angeles Police Department, periodically worked through his lunch breaks and…
MS Litigation Review & Commentary
$35,000 Verdict in Jackson Federal Court Retaliation Trial
On August 15, 2014 a federal court jury in Jackson rendered a $35,000 verdict in Wheat v. Rush Foundation Hospital. Johnny Wheat was a registered nurse at Rush Hospital in…
Compensation & Benefits Blog
District Court Allows ERISA Section 510 Retaliation Claim to Proceed
A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her…
Understanding the ADA
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let's assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim…
Employment Discrimination Report
Payback Is A Bitch: What Is A Retaliation Claim And How You Can Avoid It
Don't discuss employees’ religion with them, especially not at a mandatory meeting, no matter how well-intentioned you are. And certainly don’t take adverse employment actions against an employee who opposes…
Texas Employment Lawyer
Changed circumstances render a same actor inference inapplicable.
By JMANCHESTER
“[A]fter the Plaintiff was hired and before she was fired, Wade made an allegation of race discrimination. Abadilla (age 61 at the time Plaintiff was discharged) was herself implicated in…
Labor Law Prof Blog
Unpaid Interns: Recent Developments in Wisconsin and New York
Are unpaid interns protected by American employment law? The latest chapters in this ongoing story come to us from Wisconsin and New York. In a July 22 decision, Masri v. State…
Labor Law Prof Blog
EEOC Update: Lawsuit Against Goodwill Settles for $100,000
Image from eeoc.govIn an interesting case brought against Goodwill Industries, the EEOC alleged that an Oklahoma store had terminated an employee following her testimony on behalf of another worker in…
Sixth Circuit Appellate Blog
Temporal Proximity Alone Enough For Causation in Retaliation Claims, But…
The Sixth Circuit recently published yet another opinion to clarify the role of temporal proximity in the analysis of an employee retaliation claim. When an employee engages in protected activity,…
Employment Discrimination Report
Employers Must Attempt To Accommodate Religious Dress And Grooming Practices
The EEOC has just announced a new lawsuit on what has become a familiar topic – the alleged refusal of an employer, an Alabama nursing home, to accommodate a Muslim employee…