Topic
Retaliation
1,387 published works
HR Defense
Managing Employees Who File Claims
By Akerman Law
Dealing with an employee who has filed a claim places an employer in a precarious position – the employer needs to properly manage the employee, but avoid a retaliation claim…
Education Law Prof Blog
Should an Educational Leader’s Testimonial Speech be Protected? by Scott Bauries
By Derek Black
The following is a cross-post, curtesy of Scott Bauries at edjurist.com. Thanks Scott.Imagine that you are an educational leader hired to head up an important community college program for at-risk…
Government Contractor Compliance & Regulatory Update
Eastern District of Virginia Finds False Claim Allegations Too Speculative
A Virginia federal judge recently dismissed a retaliation complaint under the False Claims Act because the plaintiff’s allegations of a false claim against the government were too speculative. In Carlson…
Drug and Alcohol Testing Law Advisor
Employee’s Discharge For Refusing Drug Test Did Not Constitute Retaliation
A federal appeals court held on February 14, 2014 that an employer did not retaliate against an employee when it discharged him for refusing to submit to a drug test…
Government Contractor Compliance & Regulatory Update
Proskauer Offers Webinar On Whistleblowing And Retaliation Issues
Please join us on Tuesday, February 25 for a Webinar addressing the many significant developments in 2013 in federal and state whistleblower legislation and litigation, with a particular emphasis on…
Law and the Workplace
No Longer a “Motivating Factor”: E.D.N.Y. Rules New “But-For” Causation Standard for Retaliation Retroactive
Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules. The Eastern District of New York, in Sass v.…
Employment Discrimination Report
Fired For Reporting Dollar Bill With Swastikas And Noose On A “Blackened” George Washington
On April 1, 2012 we reported on a new EEOC retaliation lawsuit and said that “If you thought that ‘code words and dog whistles’ (blog of March 20, 2012) were…
Labor & Employment Report
Lessons from the Ivy League on Discrimination and Retaliation
By Fiona W. Ong
Even smart people can get tripped up on personnel decisions. Harvard, for example, ran into this problem in Pierce v. President and Fellows of Harvard College. That case involves an…
Education Law Prof Blog
School Principal Alleges He Was Fired for Raising Concerns about Racial Inequities in Schools
By Derek Black
Alan Houston, an African-American middle school principal, alleged he was removed from his position in retaliation for racial complaints made by Houston and his wife. Houston alleged this action violated…
Civil Rights Law & Policy Blog
Is it ‘A’ or is it ‘The’? Deciphering the Motivating-Factor Standard in Employment Discrimination and Retaliation Cases
The title of this post come from this paper by Professor Kendall D. Isaac proposing a more cohesive motivating-factor standard in employment discrimination and retaliation cases to remedy the current confusion…