Tag Archives: Workplace retaliation

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier…

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Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or…

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Teacher Entitled to Return to Same Job After Difficult Pregnancy

A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job…

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Employee Suffering from IBS Allowed to Proceed with Retaliation Claim

By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her…

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Employer wins discrimination case — Evidence of non-performance outweighs employer’s imprudent remark

A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a…

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OSHA to Disgruntled Employees: Blow the Whistle!

The U.S. government is sharpening its whistleblower protection program, hiring and training more OSHA agents to cultivate employee complaints against their companies. The Occupational Safety and Health Administration (OSHA) wants to increase the number of “whistleblower managers,” who work with disgruntled…

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7th Cir. Rejects FMLA Claim that Supervisor Exacerbated Illness

Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by…

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Timing of the Essence: Firing for Misusing 20 Minutes of Leave Was Unfair, Appeals Court Says

An employer’s desire to quickly fire an employee can drag it into violating labor laws. Recently, the firing of an employee for misusing 20 minutes of family medical leave led to conclusions that the firing was retaliation for union activity….

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