Employers sometimes breathe a sigh of relief when an employee resigns, particularly if the individual had performance problems, made discrimination complaints, or engaged in other types of protected activity. But what counts as a resignation in the state? Under what circumstances might a resignation not actually be a resignation at all?
Retaliation claims are among the most numerous types of employee claims processed through the Equal Employment Opportunity Commission (EEOC) and state EEO agencies. Central to the claims is whether an employee engaged in protected activity and how the employer responded to it. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings […]
An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]
Wrongful termination suits often rely on proof of motive—did the employer terminate the employee for an unlawful reason? But employers that act for illegal motives aren’t likely to admit it, so the law has established ways to prove unlawful motives through circumstantial evidence. But there is more than one formula for that proof, depending on […]
Last March, we wrote about a surprising ruling in which the Massachusetts Appeals Court concluded employers in the state aren’t legally prohibited from firing employees for exercising their right to file a rebuttal in response to a negative document placed in their personnel file. The decision wasn’t unanimous, the dissenting opinion was persuasive, and the […]
An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation.
Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court of appeals recently ruled a Harrah’s Casino employee can go to trial on her claims […]
Note: Includes spoilers for NBC’s Good Girls What can NBC’s Good Girls teach us about retaliation claims at work? Let’s find out.
Retaliation claims are the most frequently alleged basis for violations of Title VII of the Civil Rights Act of 1964 and the most common finding of wrongdoing, according to the Equal Employment Opportunity Commission (EEOC). Often, the underlying discrimination allegations will be dismissed, but a court will determine retaliation occurred.
Now more than ever, employers are facing difficult decisions about workforce operations. In addition to the time and attention-consuming obligations of on-site safety protocols, remote workforce policies, information and data security, and what to communicate to employees about vaccination rules, savvy employers are keeping up with their evolving expectations on the civil rights front. Last […]