Tag: retaliation

Handle with care: Even nonunion strikers can present risk

Low-wage workers in cities across the country carried signs and voiced demands for higher pay last week, but those strikes and similar work stoppages last May differ from traditional walkouts. Unlike in most strikes, the picketers aren’t part of a union although they are getting encouragement from organized labor, especially from the Service Employees International […]

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 for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Court sets bar high for employer retaliation claims

In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, the question was whether an employee must prove that the only reason his employer retaliated […]

FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA […]

New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]

Supreme Court to Decide When Title VII’s Anti-retaliation Protections Apply

The U.S. Supreme Court is now weighing arguments in a case with important ramifications for the many employers that have been accused of retaliation — or who fear being accused of retaliation — when they discipline or fire an employee. For workers, the case raises questions about the strength and scope of Title VII’s anti-retaliation […]

OSHA Rules Flesh out Health Reform’s Whistleblower Provisions

Employers that retaliate against employees for reporting violations of certain health reform requirements could be subject to government investigations and hearings, as well as damages that include back pay awards and compensatory damages, under interim final rules issued Feb. 22 by the U.S. Department of Labor’s Occupational Safety and Health Administration. The rules flesh out […]

EEOC Discrimination Disputes Cost Employers More than $400 Million in 2012

Employers paid more than $400 million to resolve discrimination cases filed with the U.S. Equal Employment Opportunity Commission in fiscal 2012, according to data released by the agency Jan. 28. Among private-sector workers, retaliation, race and sex discrimination, respectively, were the most common discrimination charges. Other highlights from the EEOC’s fiscal 2012 statistical summary: 99,412 […]

Working Mom Calls Foul Against NBA in Bias Lawsuit

A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]

Transfer to Lesser Sales Territory Was Okay under FMLA, Court Says

Reassigning a salesperson to a new sales territory after her return from maternity leave does not violate the core principles of job restoration under the Family and Medical Leave Act, according to a recent U.S. district court decision. As long as the proposed change did not result in a base salary reduction or more burdensome […]