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.”
by Michelle Lee Flores The California Court of Appeal threw a solitary bone to Toyota’s director of diversity and inclusion when it reversed a trial court’s dismissal of his sexual orientation discrimination claim. The court of appeal held that the former employee had provided sufficient evidence that a senior manager’s perception that he was “too […]
by Mark I. Schickman Kermit the Frog has been fired! From his birth in 1955 until 1990, Kermit was performed by his creator, Jim Henson. Since 1990, veteran Muppet performer Steve Whitmire donned the green felt. During Whitmire’s tenure, Kermit appeared in over 20 movies, got a star on the Hollywood Walk of Fame, was […]
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 […]
Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]
There’s a huge divide between the whistleblower’s view of a situation and the legal analyst’s view, says attorney Brad Cave of Holland & Hart LLP in Cheyenne, Wyoming—and editor of Wyoming Employment Law Letter. If employers can “put on the whistleblower’s hat,” he says, they may be able to significantly reduce the risk of a […]