Labor and Employment Law

Recent Posts

Employers, You Might (or Might Not) Be Liable For Retaliation If . . .
Posted on 31 Jan 2012 by Robin Shea

Our friend Judy Greenwald from Business Insurance magazine reported this week that the number of EEOC charges filed in fiscal year 2011 (which ended September 30, 2011) was relatively flat, with the exception of one big category . . . retaliation... Read More

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?
Posted on 23 Feb 2011 by David S. Rich

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... Read More

Retaliation Redux: Two Cases That Should Scare Employers a Lot
Posted on 3 Feb 2012 by Robin Shea

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... Read More

Public Policy is in the Eye of the Beholder
Posted on 28 Jun 2011 by Jon Hyman

Consider the following two wrongful discharge cases, both recently decided by different Ohio appellate courts, and think about which you believe presents a bigger risk for the employer: 1. In Morris v. Dobbins Nursing Home (6/20/11) , a nursing home... Read More

Retaliation: 2012 and Beyond
Posted on 27 Jan 2012 by Martha J. Zackin

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... Read More

The Birth of a Retaliation Case: Oops, We Didn't Really Mean That...
Posted on 7 Feb 2012 by John Holmquist

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... Read More

VanDeusen & Simons on Thompson v. North American Stainless, LP
Posted on 15 Feb 2011 by Darrell VanDeusen and Adam T. Simons

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... Read More

VanDeusen & Simons on Thompson v. North American Stainless, LP
Posted on 15 Feb 2011 by Darrell VanDeusen and Adam T. Simons

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... Read More