Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
Partner Greg Rolen Discusses a Whistleblower Claim at Fremont Union School District’s Board Meeting
#WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
What's Going on With Whistleblower Lines
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
Whistleblowers: Don't Drink the Government's Kool-Aid
What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections - Employment Law This Week®
Life with GDPR - EU Whistleblower Directive - Part 1
#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week®
Carrie Penman on Helpline Data Since the Pandemic
Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care
#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®
Compliance Perspectives: Anti-Retaliation Programs
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more
A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more
On October 3, 2022, the United States Court of Appeals for the Eleventh Circuit held in Ellison v. Postmaster General, United States Postal Service that a plaintiff bringing a claim for retaliation failed to exhaust...more
On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more
In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is...more
On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more
The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights. FMLA’s Section...more
The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more
The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...more
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
On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more
On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under...more
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more
The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not...more
The U.S. District Court for the District of New Jersey dismissed a whistleblower lawsuit last week against L’Oreal USA Inc., the personal care company, and the American subsidiary of L’Oréal, S.A. (“L’Oreal”), over the...more
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
Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more
With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more