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Human Resources Professionals Employment Litigation Retaliation

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

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On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Poyner Spruill LLP

New Publication from U.S. Department of Labor Wage and Hour Division Highlights Continued Focus on Retaliation

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On March 10, 2022, the U.S. Department of Labor Wage and Hour Division (“WHD”) published Field Assistance Bulletin No. 2022-02: Protecting Workers from Retaliation (“FAB”)....more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

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The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Fisher Phillips

COVID-19 Sick Leave Litigation Disproportionately Impacts Healthcare Employers: How to Avoid Becoming Another Statistic

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As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more

Kelley Drye & Warren LLP

[Webinar] Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 - January 26th, 12:30 pm ET

Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 - Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that,...more

Manatt, Phelps & Phillips, LLP

Single Use of Racial Epithet by Coworker Insufficient for Suit

The one-time use of a racial epithet by a coworker was not enough to sustain a hostile work environment suit brought by a former employee of a district attorney’s office, a California appellate court has ruled....more

Hinshaw & Culbertson LLP

[Virtual Event] Hinshaw’s 25th Annual Labor & Employment Seminar - October 26th - 30th, 10:00 am - 11:00 am PT

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Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more

Cozen O'Connor

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors

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Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more

U.S. Equal Employment Opportunity Commission...

Select Staffing to Pay $199,500 to Settle EEOC Sexual Harassment Suit

Staffing Agency Allowed Sexual Abuse of Several Women Placed in Jobs at Albuquerque Police Unit, Federal Agency Charged - ALBUQUERQUE, N.M. - Real Time Staffing Services, Inc., Employment Solutions Manage­ment, Inc., and...more

U.S. Equal Employment Opportunity Commission...

Hat World to Pay $33,000 to Settle EEOC Retaliation Lawsuit

Lids' Retailer Fired Store Manager Who Reported Sexual Harassment and Filed a Charge with the EEOC, Federal Agency Charged - NORFOLK, Va. - Hat World, Inc., an Indianapolis-based retailer of sports hats and fan gear, will...more

U.S. Equal Employment Opportunity Commission...

Rainbow Tree LLC / Persian Room Fine Dining to Pay $65,000 to Settle EEOC Sexual Harassment Lawsuit

Restaurant's Owner Sexually Harassed and Retaliated Against Female Employee, Federal Agency Charged - SCOTTSDALE, Ariz. - Rainbow Tree LLC, doing business as Persian Room Fine Dining, has agreed to pay $65,000 and...more

U.S. Equal Employment Opportunity Commission...

Global Ministries to Pay $50,000 to Settle EEOC Retaliation Discrimination Suit

Communications Specialist Fired for Complaining About Race Discrimination, Federal Agency Charged - ATLANTA - The General Board of Global Ministries of the United Methodist Church, Inc., doing business as Global...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

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Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

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When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

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The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Parker Poe Adams & Bernstein LLP

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

McAfee & Taft

Sexual harassment claims on the rise … and so is EEOC enforcement

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In the spring of 2018, the U.S. Equal Employment Opportunity Commission received its first budget increase in over eight years, with Congress approving approximately $16 million for the agency to focus on sexual harassment...more

Fisher Phillips

Sexual Harassment Charges Increase Once Again, According To EEOC Stats

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Despite a 10 percent overall drop in the number of charges of employment discrimination, the Equal Employment Opportunity Commission just reported that sexual harassment charges filed with the agency jumped by 13.6 percent...more

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

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Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

Dorsey & Whitney LLP

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

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As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

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