VanDeusen & Simons on Thompson v. North American Stainless, LP

The Supreme Court held that a terminated employee may have a claim for retaliation under Title VII, even though that employee never opposed or participated in protected activity, but alleged that his termination was the company's response to another employee's allegations of discrimination. Darrell...

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...

Retaliation: 2012 and Beyond

Retaliation claims are here to stay. According to charge statistics recently released by the EEOC, retaliation claims rose to an all-time high of 37,344 in fiscal year 2011, and were included in 37.4% of all charges filed with the agency. Recent developments lead us to conclude that this trend will...

Retaliation Redux: Two Cases That Should Scare Employers a Lot

Last week, my post was about retaliation , and how employers can be liable and how they can defend themselves. As luck would have it, two recent court decisions illustrate beyond my wildest imagination how important this issue can be. Five years between protected activity and adverse action? No...

The Birth of a Retaliation Case: Oops, We Didn't Really Mean That...

ABC News has reported the interesting case of an employee who asked to have time off because of a pregnancy and was told that since she did not have leave available under the FMLA, she would be treated as a voluntary resignation when she did not report to work. The employee recorded the conversation...