A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirming a jury’s findings that several discriminatory statements made by supervisors, some of which were reported to a human resources representative, were sufficient evidence that the employee was fired in retaliation for his complaints is worth reading as a reminder that employers must properly investigate, respond to, and document all complaints of discrimination in the workplace. The case was originally brought by the EEOC as a discrimination and retaliation case, but the jury only returned a verdict in favor of the plaintiff on the retaliation claim. More after the break.
Contributed by Eric A. Welter.Posts Tagged ‘Retaliation’
Adverse Verdict In Retaliation Case Is A Grim Reminder For Employers
Friday, March 12th, 20104th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim
Tuesday, March 24th, 2009In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA,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 action were aware that the plaintiff engaged in protected activity (here, taking FMLA leave). The court had applied this standard in other contexts before. The opinion is here. More after the break.
U.S. Supreme Court Issues Retaliation Decision
Tuesday, January 27th, 2009On 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 employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. We had previously mentioned the case here. More after the break.
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #3
Friday, January 16th, 2009We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 3 is:
Supreme Court Expands Scope of Retaliation: Significantly? More after the break.
Reasonableness Not Required For Participation Retaliation Claim
Tuesday, January 6th, 2009New Whistleblower Claim In Consumer Protection Act
Thursday, August 14th, 2008The 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.
Supreme Court Recognizes Retaliation Claim Under Section 1981
Tuesday, May 27th, 2008The 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 race discrimination in the making or enforcement of contracts. It has been construed to include employment discrimination claims. Today’s decision opens the door to retaliation claims.
NY Law Firm Files Pre-Emptive Suit Against Rape Claimant
Friday, April 25th, 2008Law.com reports today that a New York law firm has filed a pre-emptive lawsuit against a woman who is making rape allegations against her former boss, a firm partner. The story is here. This story follows several recent posts on this blog (here (Rob Lowe nanny) and here (fraud lawsuit against former employee equals retaliation)) about similar lawsuits.
Fraud Lawsuit Against Former Employee Equals Retaliation
Friday, February 1st, 2008The 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 here — Darveau v. Detecon, Inc., No. 06-2092.
Jury Awards $4.4 Million In Sexual Orientation Lawsuit
Wednesday, November 14th, 2007In 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 same week that the House of Representatives passed the Employment Non-Discrimination Act, which would prohibit discrimination based on sexual orientation across the nation.
