News & Analysis as of

Retaliation Reversal Protected Activity

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

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“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...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

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Bradley Arant Boult Cummings LLP

Sixth Circuit to Employers: No ‘Magic Words’ Make a Sex Discrimination Complaint Title VII Protected Activity

Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more

McGuireWoods LLP

Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim

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In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under...more

Constangy, Brooks, Smith & Prophete, LLP

Is Protected Activity Part Of Your Job? You May Still Be Protected.

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know!...more

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