Complaints of sexual harassment and sexual misconduct have dominated the news recently with allegations ranging from sexual threats, to groping, to sexual assault. While the allegations have made the news because they involve people in the entertainment industry and politics, it’s readily apparent from the thousands of stories shared using #MeToo that sexual violence and […]
Sexual harassment — the subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing […]
Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a case from a female doctor asserting gender discrimination, hostile work environment, and retaliation citing a manager’s comments as “offensive.”
In a split decision, the U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that the cat’s-paw theory of liability applies to retaliation claims under the Family and Medical Leave Act (FMLA).
The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims.
What if an employee complains about harassment, but you investigate and find no evidence of harassment? Or, what if an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination, but the EEOC also does not find any wrongdoing? Can you fire either of these employees for making false claims?
The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]