The Employer Handbook Blog
…engage in protected activity (e.g., an internal complaint of discrimination or participate in an EEOC proceeding); (2) suffer a materially adverse employment action; and (3) demonstrate a nexus between (1)…
Search Results for: concerted activity
There’s a new joint-employer rule. Wait, another one?!? Yes, this one involves employers and labor unions.
…the joint-employer rule in 2020, a joint-employer finding has significant implications for rights and obligations under the NLRA relative to collective bargaining, strike activity, and unfair labor practice liability:…
Complaints of discrimination can come in all shapes and sizes
…focus on whether creating and sharing the salary report is a protected activity. Protected activity under Title VII’s anti-retaliation provision can consist of opposing any unlawful employment practice. It can…
EEOC sues “Bark If You’re Dirty” pet store for sexual harassment and sex discrimination. Because of course.
…wish. As an email subscriber to the press releases from the U.S. Equal Employment Opportunity Commission, I’ve noticed an unusual amount of litigation activity over the past few weeks. So,…
Here are five signs that your employee’s retaliation lawsuit ain’t all it’s cracked up to be
…in a protected activity, like complaining about discrimination. Last night, I read a decision from a federal judge in New York weighing allegations that the plaintiff’s supervisors knew the plaintiff…
Can we fire an employee who complains about discrimination and is dead wrong?
…not discriminate against the plaintiffs. But here’s the thing. A viable retaliation claim starts with the plaintiff demonstrating that she engaged in protected activity. To qualify as a protected activity,…
No, getting fired after telling a supervisor you are pregnant is not retaliation. Or is it?
…tenable retaliation claim under Title VII, an employee must engage in protected activity, like opposing an unlawful practice (e.g., complaining internally about discrimination) or going to the U.S. Equal Employment…
Let’s revisit whether morbid obesity is a disability (and why, sometimes, it may not matter).
…do not require the complainant to prove that she is substantially limited in a major life activity. In this case, the plaintiff presented evidence that he was morbidly obese for twenty…
Another employer learns the hard way that it’s better to hire slow and fire fast
A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability…
Why might the Phillie Phanatic get paid for the time it takes to get into costume at the ballpark?
…40 hours of work in a workweek. But not all work is compensable — only the stuff that is “integral and indispensable” to an employee’s principal activity. So, what makes…