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...
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
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 aide claimed that she was illegally terminated because...
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...
Our friend Judy Greenwald from Business Insurance
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.
Retaliation is essentially taking action against...
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...
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...