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Articles Posted in Retaliation

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Retaliation Under State vs. Federal Law: Why Some States Might Give Employees an Edge

When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…

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The DIY Lawyer on Your Payroll – Helping a Coworker and Shielded from Retaliation

  When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. TL;DR:…

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She Said Don’t Call Me “Sweetheart.” That Still Wasn’t Enough to Sue.

Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. TL;DR: A manager repeatedly called an employee “sweetheart.” She objected, complained, and was later fired. But a court said…

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When Your Emails Make the Case… for the Other Side

Flamethrower messages torpedo an ADA claim in this no-nonsense ruling from a federal appellate court. TL;DR: An adjunct professor accused her college of ADA discrimination after it declined to renew her contract. But the Second Circuit quickly dismissed her claims—thanks in no small part to her own emails, which read like…

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Toxic From the Top Down: Shocking New EEOC Lawsuit Alleges Owner-Led Culture of Harassment and Retaliation

  This isn’t a story about a rogue employee—it’s about the person running the show. TL;DR: The EEOC has filed a Title VII lawsuit against the owner of a hospitality group in Hawaii, alleging he subjected teenage and adult female employees to years of sexual harassment—much of it in front…

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Fired Over $15. Or Was It the HR Complaints?

Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages,…

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Equal Pay, FLSA, and a $3.27M Verdict: Jury Sides with Fired Chief People Officer in Her Retaliation Case Against A Law Firm

You’d expect a company to listen when its Chief People Officer—especially one with nearly three decades of labor and employment law experience—raises concerns about compliance. Instead, this employer—a law firm—reassigned her shortly thereafter and fired her within the week of returning from bereavement leave. A jury just awarded her $3.27…

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Retaliation Risks After Accommodation Requests: Lessons from an ADA Case

Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired…

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Burned by the Tape: When Secretly Recording Work Meetings Gets You Fired

Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. TL;DR: A federal appeals court sided with an employer that fired…