News & Analysis as of

Retaliation Employment Discrimination

Parker Poe Adams & Bernstein LLP

Employers Struggle With Election Politics Spillover Into Workplace

With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Jaburg Wilk

How Do I Know If My Employer Discriminated and/or Retaliated Against Me Based on My Military Status?

Jaburg Wilk on

USERRA prohibits an employer from discriminating against an employee because of their past or current military service. Specifically, USERRA prohibits an employer from denying service members initial employment, reemployment,...more

Seward & Kissel LLP

Employment Litigation Roundup: July 2024

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Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

Foley & Lardner LLP on

Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more

Fisher Phillips

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

Fisher Phillips on

The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge,...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

Seward & Kissel LLP on

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Flaster Greenberg PC

ARE YOU TALKING TO ME? New Jersey imposes further limits on non-disparagement clauses.

Flaster Greenberg PC on

The Supreme Court of New Jersey has just made it even harder for employers to prevent harmful comments from employees and former employees. Specifically, non-disparagement clauses have been the primary tool employers use to...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Proskauer - California Employment Law

Plaintiff’s Attorneys Denied Additional Interest On Attorneys’ Fees

Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more

Epstein Becker & Green

N.J. Supreme Court Bans Broad “Non-Disparagement” Provisions in Agreements Settling Employment Discrimination, Harassment, and...

Epstein Becker & Green on

In 2019, in response to the “#MeToo” movement, the New Jersey Legislature enacted a law that made any “non-disclosure provision” in an employment contract or settlement agreement unenforceable against the employee, if the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Lowenstein Sandler LLP

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against...

Lowenstein Sandler LLP on

On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more

Fox Rothschild LLP

Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

Fox Rothschild LLP on

In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

U.S. Equal Employment Opportunity Commission...

Bako Pays $50,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Medical Laboratory Resolves Federal Lawsuit Charging That It Fired Employee Because of Her Pregnancy and Complaints of Pregnancy Discrimination - ATLANTA – Bakotic Pathology Associates, LLC (Bako), a pathology laboratory...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

BakerHostetler

Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

BakerHostetler on

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $30,000 to Settle EEOC Sexual Harassment Suit

Settles Federal Charges That Nationwide Retailer Permitted Hostile Work Environment For Female Employee - BIRMINGHAM, Ala. – Walmart Inc., a nationwide retailer of groceries and other goods, agreed to pay $30,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Shane’s Rib Shack Franchisee for Sexual Harassment and Retaliation

Popular Restaurant Franchisee Subjected Teenage Employee to Sexually Hostile Work Environment Then Fired Her for Complaining, Federal Agency Charges - ATLANTA – RSPS Holdings, a franchisee of the popular fast-casual...more

BakerHostetler

5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims

BakerHostetler on

On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII)....more

Cole Schotz

UPDATE: New York State Amendments Affecting Employee Anti-Discrimination Protections

Cole Schotz on

A SNAPSHOT OF WHAT YOU NEED TO KNOW- • New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State. • The first bill prohibits liquidated damages and...more

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