Category Archives: Retaliation

4th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim

In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA, a plaintiff must show that the persons responsible for the adverse employment … Continue reading

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U.S. Supreme Court Issues Retaliation Decision

On January 26, 2009, the U.S. Supreme Court issued a decision in the case of Crawford v. Metropolitan Government of Nashville.  A copy of the opinion is here.  The Court unanimously held that Title VII’s antiretaliation provision extends to an … Continue reading

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New Whistleblower Claim In Consumer Protection Act

The Consumer Product Safety Act has been amended to include a whistleblower retaliation provision.  The Consumer Product Safety Improvement Act of 2008 was signed into law by President Bush on August 14, 2008.

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Supreme Court Recognizes Retaliation Claim Under Section 1981

The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts.  Section 1981 itself prohibits … Continue reading

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Fraud Lawsuit Against Former Employee Equals Retaliation

The U.S. Court of Appeals for the Fourth Circuit ruled on January 31, 2008, that the filing of a fraud lawsuit against a former employee constituted actionable retaliation under the Fair Labor Standards Act (“FLSA”).  The opinion can be read … Continue reading

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Jury Awards $4.4 Million In Sexual Orientation Lawsuit

In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the … Continue reading

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