Employers are often hesitant to take disciplinary or other actions with an employee who has recently requested or has taken leave under the Family and Medical Leave Act (“FMLA”). While the law does not prohibit such action,...more
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) published its Final Enforcement Guidance on Retaliation and Related Issue. This was the first guidance from the EEOC on these issues since 1998. The EEOC...more
It’s the most common employment law claim . . . retaliation. In 2015, 44.5% of the total EEOC charges were based on retaliation, which exceeded even race-based charges of discrimination. So it is not surprising that the...more