Tag: adverse action

Supreme Court Lowers Bar for Adverse Actions

Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is yes. Employers transfer employees, or take other actions, for a variety of reasons. Until […]

Taking Adverse Employment Actions Based on Background Checks

The Fair Credit Reporting Act (FCRA) was enacted to promote accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies (CRA). Employment background checks are a form of consumer report, so employers that conduct background checks on job applicants or employees must follow the procedures outlined in the FCRA. Failure […]

Adjust Job Expectations for Employees on FMLA Leave

An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier this year, by a 2-to-1 vote, a federal appeals court gave an emphatic “yes” in response. High-Pressure Job Marianne Wayland […]

retaliation

The Women of Amazon Studios’ The Boys Offer Lessons on Title VII Retaliation

Piggybacking off my colleague Tim Reed’s recent post providing the background/plot and discussing employer liability issues in Amazon Studios’ The Boys, I am happy to continue expounding upon the various employment law issues that arose in season one. The series presents an interesting and unique perspective on the emotional, legal, and monetary effects of the […]

What Happens when an Alleged Harasser Claims Discrimination?

Occasionally, an employee accused of harassment will file a charge with the Equal Employment Opportunity Commission (EEOC) claiming that he was subjected to disciplinary action even though he was innocent or that he was the real victim of harassment.

credit report

Fair Credit Reporting Act—Employment Law Basics

The Fair Credit Reporting Act (FCRA) does far more than regulate the exchange of consumer credit information. You need to understand how it applies to employees and applicants in order to ensure compliance. Below is a general summary of your FCRA obligations.

Retaliation charges on the rise: how to protect your company

by Joe Godwin In 2013, the Equal Employment Opportunity Commission (EEOC) investigated 93,727 charges of discrimination, which resulted in penalties totaling $372.1 million. Retaliation claims accounted for 41 percent of all the charges. The most frequent bases of claims across all statutes are related to discharge and discipline. Therefore, employers have opportunities to reduce the […]

Chicago teachers end strike

by Brian J. Kurtz On what should have been the second Wednesday of the school year, Chicago teachers ended their strike against the city and returned to work. The bitter dispute brought national attention to Chicago and to the issue of education reform. The last teachers strike in Chicago took place 25 years ago. Apparently, […]