Topic
Retaliation
1,387 published works
SimplyHR
“But For” Recent Supreme Court Opinion, Retaliation Would Remain Easier to Prove
“But for,” “motivating factor,” “contributing factor…” Aren’t they all just different legal phrases that ultimately make an employer liable for discriminatory conduct? Absolutely not—and in its first significant employment decision…
San Antonio Employment Law Blog
Southside Trustee Settles Her Claim
Southside Board Trustee, Alma Guzman, has settled her claim against the Southside Independent School District. I previously wrote about her lawsuit here, here, here and here. Ms. Guzman lost her…
Alabama Employment Law Report
Target Targeted For Discrimination
In one of those "truth is stranger than fiction" stories, Target has been sued by 3 former employees, who are Hispanic, alleging that they were victims of discrimination on the job and…
Employment Discrimination Report
It is Now Harder for Plaintiffs to Recover Emotional Distress Damages in New Jersey
In Battaglia v UPS the Supreme Court of New Jersey handed employers a small victory in a decision that was largely employee friendly. Buried in a discussion of whistleblower and discrimination retaliation standards, is…
Labor & Employment Law Blog
New Jersey Supreme Court Expands State Law Retaliation Claims
On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not…
Government Contractor Compliance & Regulatory Update
Health Insurer Settles OFCCP Retaliation Allegations for $372,000
A health insurance provider in Massachusetts has agreed to pay $372,739 to resolve an Office of Federal Contract Compliance Programs (OFCCP) investigation into claims of discrimination and retaliation. The insurer…
Employment Law
United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases
By Jason R. Finkelstein, Victoria Cioppettini
On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the…
Employment Law Spotlight
Employees Must Prove Retaliation Was “But-For” Cause of Employment Action
Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline. In fact, the number of employee retaliation claims filed…
Train Law Blog
Another Stunning FRSA Jury Verdict
"If you see something, say something, except if you work for the railroad . . . " That was the theme of the nation's second FRSA jury trial, resulting in…
The Labor Dish
Your Greatest Risk: Retaliation Claims
By DLA Piper
Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them -- more than one out of every three -- asserted retaliation. Put differently, more charges of retaliation…