LexisNexis® Legal Newsroom
To Be Or Not To Be An Employee? That is the (Agency) Question

by Joseph U. Leonoro A few weeks ago in this forum, we talked about an important opinion from the Sixth Circuit Court of Appeals - the Circuit in which Kentucky and Ohio sit - on associational discrimination. Well, that Court must be enjoying its time in the spotlight, because it recently issued...

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...

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...

Was the Ellen Pao Gender Bias Trial a Wakeup Call or Snooze for Businesses?

I intended to begin the week with a post about a company’s legal obligation to predict — yes, predict — an employee’s mental fitness for duty. Then, I started on a brief tangent on Ellen Pao , the former partner of a Silicon Valley venture capital firm, who just lost a highly...

Is “No” Enough?

by Martin J. Saunders Like most statutes prohibiting discrimination, Title VII also outlaws retaliation so that individuals will not be inhibited from asserting claims under the statute. Thus, Title VII prohibits retaliation against anyone who opposes an act made unlawful by it. The question, therefore...