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Articles Posted in Retaliation

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When the supervisor mouths off but the documentation saves the day

  Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. TL;DR: A supervisor mocked an employee’s VA disability rating, and the employee reported…

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When the Documentation Is Rock Solid, Pretext Claims Don’t Stand a Chance

  Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself. And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear. TL;DR: An employee responsible…

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Retaliation Requires Protected Activity. Is a Subpoena Enough?

Some workplace retaliation theories sound plausible at first glance. But Title VII’s protections are far narrower than many employees assume. A recent Eleventh Circuit decision digs into a niche but important point: whether a criminal subpoena can qualify as Title VII “participation.” This is part one of two. Tomorrow, we…

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Why an easier discrimination standard still couldn’t save this harassment and retaliation case

The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern…

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What happens when “He harassed me” turns into “You defamed me”?

A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. TL;DR: A federal court in Ohio threw out a former Chief Legal Officer’s race discrimination, retaliation, and contract claims after he was…

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Do employees have a right to use slurs about their own group at work? A court called that absurd.

What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed…

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How a “Reasonably Informed” Investigation Saved This Employer in Court

Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. TL;DR: A truss manufacturer fired a production-line employee…

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Pumping rights after the PUMP Act: one employer’s old mistake, every employer’s modern lesson

An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. TL;DR: A federal…

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When Timing Isn’t Everything: Why Pre-Complaint Documentation Can Defeat a Retaliation Claim

A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. TL;DR: An employee claimed that her employer retaliated after she raised race concerns. The Fourth Circuit affirmed summary judgment for the employer because contemporaneous records showed performance issues and leadership misalignment that began well before…