LexisNexis® Legal Newsroom
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...

When Retaliation Stands the Test of Time

Often when we consider the issue of temporal proximity in a retaliation case , we examine it from the standpoint of whether temporal proximity is sufficient to infer retaliatory intent when the adverse action happens right on the heels of the protected activity. What happens, however, if the converse...

Final Score: HIPAA 1 - Retaliation 0

See how a federal appellate court shut out a plaintiff's claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. What I did there, you see that? In New Jersey,...

Is Protected Activity Part of Your Job? You May Still Be Protected.

“Doing your job? The NERVE!” If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know! The U.S. Court of Appeals for the Third Fourth Circuit...