Workers’ Rights on ICE: How Immigration Reform Can Stop Retaliation and Advance Labor Rights

"New report details how bad-actor employers use immigration enforcement to retaliate against workers, subverting both immigration and labor laws." - NELP, Feb. 2013 .

Is Rejecting a Sexual Advance, without Reporting It, Protected Activity?

Of all employment claims presented to the Equal Employment Opportunity Commission , retaliation numero uno. It's been that way since 2010. There are three essential elements of a retaliation claim: (1) protected activity -- opposition to discrimination or participation in the statutory complaint...

Larson’s Spotlight on Recent Cases: On-Call Surgical Technician’s Claim Not Barred by Going and Coming Rule

Larson's Spotlight on Going and Coming, Retaliation, Lyme Disease, and Exclusive Remedy. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. LexisNexis...

Employee Gets Fired for Tweeting Complaints about Discrimination

Is this Retaliation 2.0? Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained...on Twitter: And then she blogged about it here . The social-media complaints resulted in one...

Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting about Third-Party Misconduct

While attending a conference, Adria Richards became offended by two attendees sitting behind telling inappropriate jokes. So, she tweeted her grievance. Then, she blogged about it. Then, her employer fired her. Ars technica has the full details. If the people about whom Ms. Richards complained were...

$3.5 Million Federal Jury Award in Whistleblower Wrongful Termination Case

At first blush, implementing an employee hotline and following-up on complaints might seem a simple endeavor. The recent $3.5 million federal jury award to an employee terminated after he reported illegal conduct by a supervisor demonstrates that employers must not only have a reporting mechanism...

Obama’s Budget Plan: Protect IRS Whistleblowers from Retaliation

President Obama's proposed budget for fiscal 2014 includes good news for whistleblowers: Under his plan, the law finally would protect people who report tax cheats to the U.S. Internal Revenue Service (IRS). Although the IRS Whistleblower Program has existed since 2006 - encouraging and rewarding...

Whistleblowing Rutgers Style

One of the more intriguing aspects of the Rutgers' termination of basketball coach Mike Rice are reports , like the New York Times story, that the FBI is investigating the former assistant who released the video of the conduct that led to Rice's firing. The inquiry centers around a letter...

U.S. High Court Hears Arguments on Proof of Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court April 24. ( University of Texas Southwestern Medical...

Split U.S. High Court Finds Higher Standard for Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) Retaliation claims filed under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a split U.S. Supreme Court ruled June 24, rejecting the lessened causation test outlined in 42 U.S. Code Section 2000e-2(m) [ an annotated version of this statute...

Split U.S. High Court Finds Higher Standard For Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) Retaliation claims filed under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a split U.S. Supreme Court ruled June 24, rejecting the lessened causation test outlined in 42 U.S. Code Section 2000e-2(m) [ an annotated version of this statute is...

Take This Job and Shove It: Discrimination Complaint Does Not Shield Employee from Firing

Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination. The EEOC arranged for mediation in which, after an initial joint session...

VanDeusen on Univ. of Texas Sw. Med. Ctr. v. Nassar: Supreme Court Holds "But-For" Standard Applies in Title VII Retaliation Cases

In perhaps the biggest employment case this term, the Supreme Court has held that a "but-for" standard – not the "mixed motive" analysis applies to retaliation claims under Title VII. In Univ. of Texas Sw. Med. Ctr. v. Nassar , the court resolved the Circuit split that developed...

ICE Locks Up U.S. Citizen for Seven Months; She Sues

"Immigration officials imprisoned a U.S. citizen for seven months and when she sued for the abuse tried to revoke her citizenship in retaliation, the woman claims in court. Sharon Arlanza Yost sued the United States in Federal Court . ... Yost seeks damages for negligence, false imprisonment, and...

Separation of Protected Activity and Discipline Can Protect Employers From Retaliation Claims

Can an employee succeed on a retaliation claim if the decision maker did not know about the alleged protected activity at the time the employer decided to terminate? The answer, according to McElroy v. Sands Casino (E.D. Pa. 1/9/14) , is no [ an enhanced version of this opinion is available to lexis...

EEOC Claims Retaliation Over Garden-Variety Severance Terms

The EEOC announced that it has filed a lawsuit against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights to file discrimination charges or communicate and cooperate with the EEOC. The EEOC claims that “CVS conditioned the receipt of severance...

Missouri: “Show Me” the Comp Files

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again. On Feb. 13, 2014 the Senate passed Bill 526 (lexis...

Bad Things Happen When Management Fires HR Personnel Who Protests Racist Hiring Practices

Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice [ an enhanced version of this opinion is available to lexis.com subscribers ]. Following an interview between a dentist in her practice and an African-American...

Third Circuit Provides "Temporal Proximity" Retaliation Analysis

The Third Circuit recently released a non-precedential Title VII (and PHRA and 1981) retaliation opinion in Blakney v. City of Philadelphia [ an enhanced version of this opinion is available to lexis.com subscribers ]. The Court provided a succinct rundown of temporal proximity precedent involving two...

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination...

Hold the Whistle: The Status of the Contract Employee Without a Contract

In Wurtz v. Beecher Metropolitan District, 2014 Mich. LEXIS 643 [ an enhanced version of this opinion is available to lexis.com subscribers ], the Michigan Supreme Court reversed the court of appeals, holding that the failure to renew the contract for a fixed term employee satisfies the Michigan's...

WV’s High Court Upholds State Public Policy Violation For Fired Employee Who Refused to Retaliate Against a Co-Worker Who Filed His Own Discrimination Claim

by Julie Arbore As West Virginia employers are undoubtedly aware, there is a cause of action in the state commonly known as a “ Harless claim” for wrongful discharge when an employee can show that his or her discharge contravenes some substantial public policy of the State of West Virginia...

SEC Sanctions Company for Whistleblower Retaliation

I drove my daughter to the airport today for her summer exchange program in Spain. On the way she asked me what I was going to blog about tomorrow and I told her whistleblowers. She was not familiar with that term so I explained it to her and her response was ‘ Oh you mean a snitch ’ which...

SCOTUS on Public Employee Free Speech

We're coming down the home stretch of another SCOTUS season. We still have a few labor and employment law cases left ( Noel Canning and Harris v. Quinn ) - we should have decisions in the next week or two. Yesterday, the Supreme Court issued its opinion in Lane v. Franks [ enhanced opinion available...

Supreme Court Clarifies Scope of First Amendment Protections For Public Employees

In Lane v. Franks et al ., the Supreme Court unanimously held today that when a public employee testifies truthfully outside of the scope of ordinary job duties, he or she testifies as a private citizen and not as a public employee for purposes of First Amendment protections [lexis.com subscribers may...