Employees do not need to use legal buzzwords to be protected from retaliation. But they do need to complain about the right thing. General workplace grievances are not the same as opposing unlawful discrimination, and courts continue to enforce that distinction. TL;DR: An employee’s internal grievance about unfair treatment…
Me? I probably would not tell the EEOC that I removed a Black employee from work because of her “introduction of race” into the workplace. Especially after she complained about race discrimination triggered by a question about attending a Black Lives Matter protest. But that is exactly what happened…
Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. TL;DR: After an employee raised “boys’ club” concerns, her employer placed her on a performance improvement plan about…
If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. TL;DR: An employee argued that retaliation could be inferred because the employer’s harassment policy required managers to report complaints “up the ladder,” so…
HR professionals do not have a crystal ball. When an employee files an EEOC charge, no employer can predict how that dispute might later be reframed in a lawsuit or expanded with new legal theories. A recent Fourth Circuit decision recognizes that reality, while still reinforcing something practical…
Sometimes retaliation isn’t loud. There’s no demotion, no firing, no pay cut. It shows up quietly instead – more work than everyone else gets, repeated just often enough to send a message. That kind of retaliation can be harder to spot, but as a recent decision out of the…
Employers often assume that launching an investigation is a safe harbor. The Tenth Circuit just delivered a reminder that when decisionmakers rely on a flawed investigation, the process can matter as much as the decision itself. TL;DR: The Tenth Circuit revived two Title VII retaliation claims after a physician…
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. TL;DR: The Third Circuit affirmed summary judgment on retaliation claims, holding that discipline imposed after internal complaints failed where decision-makers…
Sometimes the biggest workplace stories are the ones that hit closest to home for HR professionals. A recent jury verdict involving the Society for Human Resource Management (SHRM) is one of those moments, not because of who the defendant was, but because the issues are ones every employer faces.…
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…