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U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a...

Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

The Chicago Tribune is reporting that U.S. District Judge John Darrah has granted CVS’s motion to dismiss a lawsuit filed by EEOC, which challenged the company’s severance agreements as overly broad and retaliatory. Recall that the lawsuit challenged several garden-variety terms in standard...

Federal Appeals Court Rejects “Retaliatory Rehiring” Claim

As part of massive reorganization, Allstate severed the employment of approximately 6,200 employee agent. In connection with the layoff, Allstate offered all of the employee agents the opportunity to convert their employment status into that of an independent contractor selling Allstate insurance products...