News & Analysis as of

Retaliation › Demotions

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

Constangy, Brooks, Smith & Prophete, LLP on

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Constangy, Brooks, Smith & Prophete, LLP on

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Multiple Internal Complaints Support Retaliation Claims

Parker Poe Adams & Bernstein LLP on

Retaliation claims now constitute the most frequently cited basis for charges filed before the Equal Employment Opportunity Commission. Lawsuits based on retaliation can be especially dangerous for employers because they do...more

PilieroMazza PLLC

"Constructive Demotion" Claim Under Title VII Gains Traction in 4th Circuit District Courts

PilieroMazza PLLC on

While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Camp Corporation for Sex and Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more

Nossaman LLP

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

Nossaman LLP on

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

Bradley Arant Boult Cummings LLP

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Bradley Arant Boult Cummings LLP on

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Best Best & Krieger LLP

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

Best Best & Krieger LLP on

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

McNees Wallace & Nurick LLC

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

McNees Wallace & Nurick LLC on

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Mintz - Employment, Labor & Benefits...

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

Mintz - Employment, Labor & Benefits... on

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

U.S. Equal Employment Opportunity Commission...

Achiote Restaurant Sued by EEOC for Sexual Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on

Young, Male Mexican-American Workers Were Sexually Harassed by Restaurant Manager, Federal Agency Charges - SAN DIEGO, Calif. - A San Ysidro, Calif., restaurant which serves Mexican food just north of the U.S.-Mexico...more

Proskauer - Law and the Workplace

Second Circuit Clarifies Pleading Standard for Title VII Claims

Proskauer - Law and the Workplace on

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

Spilman Thomas & Battle, PLLC

ALERT: Danger Zone - Employer Hit with Huge Pregnancy Discrimination Act Verdict

Spilman Thomas & Battle, PLLC on

In a stunning employment verdict, a California jury awarded $185 million in punitive damages and $873,000 in compensatory damages to a former AutoZone store manager who claimed the auto-parts retailer mistreated her based on...more

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