The Employer Handbook Blog
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. Continue reading
Articles Posted in Retaliation
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial.
But plot twist! He didn’t. Continue reading
The guy who may have solicited prostitutes at work could win his retaliation lawsuit too
A recent decision from the Third Circuit Court of Appeals addresses the extent to which an employer may lawfully dig up reasons to terminate a current employee who has already sued for discrimination. Continue reading
Here’s how your company can basically GUARANTEE getting sued and going to trial
This one company I’m going to tell you about today allegedly acted so egregiously that it drew the attention of (and a lawsuit from) the U.S. Equal Employment Opportunity Commission. Continue reading
Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
Winning a retaliation lawsuit against an employer isn’t easy. Continue reading
By the time she made it to court, her discrimination and retaliation claims were D.O.A.
An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.
Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading
Hold up! Is there an “HR manager” exception that allows employers to retaliate against HR?
Last night, I read this recent decision from a three-judge panel on the Eleventh Circuit Court of Appeals. It involves a human resources manager who claimed that her current employer fired her after it learned that she had earlier given deposition testimony in a pregnancy discrimination lawsuit against her former employer.
Assuming this to be accurate, did the current employer violate Title VII of the Civil Rights Act of 1964? Continue reading
Two different termination letters lead to one discrimination lawsuit and zero luck for the plaintiff
The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims.
But there are some exceptions.
Continue reading
Without this key element, you can kiss that retaliation claim goodbye
A plaintiff asserting a retaliation claim against his employer must establish three elements:
- A protected activity (such as complaining about discrimination),
- A materially adverse employment action (such as a termination of employment), and
- A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)