Topic
Retaliation
1,387 published works
Labor Law Prof Blog
Long & Sperino on Diminishing Retaliation Liability
Alex Long (Tennessee) and Sandra Sperino (Cincinnati) has just had their essay, "Diminishing Retaliation Liability" published in the NYU Law Review Online. The essay's introduction:Over the past decade, courts have…
EEOC Year-End Countdown
Inadmissible Hearsay Rots Away Remaining EEOC Apple-Orchard Retaliation Claims
By Christopher DeGroff and Robb McFadden Fresh on the heels of a full defense verdict in one of the EEOC’s highest profile sexual harassment cases of 2012-2013, the Commission was…
Employment & Labor
Inadmissible Hearsay Rots Away Remaining EEOC Apple-Orchard Retaliation Claims
By Christopher DeGroff and Robb McFadden Fresh on the heels of a full defense verdict in one of the EEOC’s highest profile sexual harassment cases of 2012-2013, the Commission was…
Proskauer Whistleblower Defense
Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims
By Steven J. Pearlman, Harris Mufson
On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees…
Employment Discrimination Report
Post-Employment Retaliation Not Actionable In The UK
A UK employer provided a negative employment reference because an employee who had been fired had filed a discrimination claim. Was this retaliation, or as it is known in the UK, “victimization,” under…
Employment Discrimination Report
A Refresher Course For Employers On Retaliation
"Any employment discrimination problem -- sexual harassment or anything else -- can always be made worse and more injurious to the conduct of the employer's business. Retaliation is guaranteed to do…
Labor Law Prof Blog
LawProf Call for Joining Amicus Brief in Southwest Medical Center v. Nassar Title VII Retaliation Case
Sandra Sperino (Cincinnati) writes to tell us that a group of employment law professors (inlcuding yours truly) is submitting an amicus brief in support of the Respondent in the University of…
California Employment Law Update
Employee Could Proceed With Whistleblower Claims
By Tony Oncidi
McVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud…
California Employment Law Update
Store Manager’s Disability And Harassment Claims Were Properly Dismissed
By Tony Oncidi
Lawler v. Montblanc N. Am., LLC, 704 F.3d 1235 (9th Cir. 2013) Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress ("IIED") associated with the termination…
Wage & Hour Litigation Blog
U.S. DOL Takes Aim At Second Circuit’s History Of Refusing To Protect Internal Wage Complaints
Authored by Jeremy W. Stewart The DOL continued its “regulation by amicus program” this past week when it submitted an amicus brief in Greathouse v. JHS Security, Inc., urging the Second Circuit…