Topic
Retaliation
1,387 published works
Connecticut Employment Law Blog
No Ifs, Ands, or Buts: “But For” Standard Requires New Trial, Court Rules
It's always a little tricky to determine exactly how lower courts will apply a rule of law that develops from a U.S. Supreme Court. Take the case of University of Texas Southwestern…
Proskauer Whistleblower Defense
Sixth Circuit: Failure to Exhaust Administrative Remedies Not A Jurisdictional Bar For Title VII Retaliation Claim
By Steven J. Pearlman, Harris Mufson, Noa Baddish
On August 13, 2013, the Sixth Circuit reinstated a retaliation claim under Title VII, reversing the dismissal of the claim on jurisdictional grounds for failure to exhaust administrative remedies with…
Illinois Workers Compensation Law Blog
Fired after a work injury: What you should know
By Mike Helfand
What should happen is often quite different from what does happen. There are a couple of things to consider if you get fired after a job injury in Illinois. First…
Labor Law Prof Blog
Victimless Harassment?
The New Jersey Supreme Court recently decided a case that some have viewed as "victimless harassment. " Battaglia v. UPS involved several interesting issues, but the one of present concern was…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Retaliation Quiz, Advice for Law Grads, D.R. Horton Rejected
It is just about time to get out of the office and walk down the street to see King Felix pitch at Safeco Field. But before then, we of course…
Labor Law Prof Blog
Taking Civility Too Far?
When I first started writing on retaliation under Title VII, I described the protection offered by the "participation" clause of section 704(a) as “absolute” as compared to the balancing the…
Understanding the ADA
What does it mean to exhaust administrative remedies?
Title I of the ADA requires that before a plaintiff can go to court they must first exhaust administrative remedies first. That means receiving a right to sue letter from…
Fair Housing Defense
Is a Resident Now Bulletproof Because He or She Has Filed a Retaliation Complaint? No. But Management Must Get it Right.
This is a common thread I now see from time to time. A discrimination case is pending (and it is likely about to be dismissed or already has been dismissed). …
Employment Law Matters
Firing of employee after his angry outburst during mediation did not constitute retaliation.
While Title VII's anti-retaliation provision does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an action that might…
Hunton Employment & Labor Perspectives
Does The FMLA Protect a Supervisor’s Right To Defend a Subordinate’s Leave Of Absence?
A surgeon recently brought suit against his employer, in Staveley-O’Carroll v. Penn State Milton S. Hershey Medical Center, alleging that he was fired in violation of the Family and Medical…