You are a high-ranking executive in a major company. The company has honored you and promoted you to oversee some of its most profitable products and brands. You would think that if you witnessed illegal discrimination and called your colleagues out on it, things would be made right. Instead, you are fired. Luckily, there are […]
Bayer Executive Fired After Standing Up for Pregnant Employee Read More »
In most work settings, letting your boss know that you are pregnant usually elicits congratulatory remarks and efforts to help make the pregnancy as easy and wonderful as possible. But for two women, becoming pregnant recently caused the termination of their employment. Here are their stories. Employee #1: Taylor King Nick’s Sports Grill is chain
You Just Lost Your Job Because You’re Pregnant Read More »
Imagine you work for an employer covered by the Americans with Disabilities Act of 1990 (ADA). Due to your ADA-recognized disability, you need to take certain medications at work and avoid certain job duties as ordered by your doctor. Despite the fact that your medication requirement or job duties restriction can be reasonably accommodated by
In Parts 1 and 2 of our series of blog posts discussing the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on workplace retaliation, we discussed promising practices that employees can use as a framework for determining whether retaliation has taken place and what constitutes a protected activity. Assuming an employee is the victim of retaliation
EEOC Issues Updated Retaliation Guidance, Part 3: Proving Retaliation Read More »
We first discussed the newly released retaliation Enforcement Guidance issued by the Equal Employment Opportunity Commission (EEOC) in our blog post titled “EEOC Issues Updated Guidance on Workplace Retaliation.” However, due to the comprehensive nature of this Enforcement Guidance, we were only able to discuss the subject of promising practices, which was one of many
EEOC Issues Updated Retaliation Guidance, Part 2: What Constitutes a Protected Activity? Read More »
Over the next four blogs, we will provide an overview of the key elements of the EEOC’s recently released Enforcement Guidance on Retaliation and Related Issues. Today, we begin with an overview of retaliation and an explanation of the EEOC’s suggested “protected practices.” Retaliation in the workplace is widespread and forms the most frequently cited
EEOC Issues Updated Guidance on Workplace Retaliation; Suggests Protected Practices Read More »
Defamation occurs when someone transmits false information to a third party and harm results. Depending on who the person being harmed is, a plaintiff in this kind of case would need to prove differing levels of culpability. An example of defamation could be an ex-employer falsely telling a potential employer that you were fired because
Can I Sue My Former Employer for Defamation? Read More »
In most employment discrimination cases, the issue revolves around bias against the employee or job applicant because of an employee’s personal characteristics (such as color, race, religion, or sex), while retaliation cases are based on what an employee does. In retaliation cases, plaintiffs need to prove that because they did something (like file a complaint
What Role Does Timing Play in a Retaliation Case? Read More »
The proverbial saying “see no evil, hear no evil, speak no evil” is often represented by three wise monkeys, each covering its eyes, ears, or mouth. Depending on the culture, this maxim can refer to a lack of moral responsibility through deliberate ignorance. The courts have coincidentally used the idea of the three wise monkeys
The Three Wise Monkeys and Workplace Retaliation Read More »
Wal-Mart is the home of everyday low prices. For some employees, it is also the home of illegal employment practices. One Wal-Mart assistant manager found out the hard way that taking medical leave meant getting fired. A New Jersey jury and a federal appellate court found in the manager’s favor, and the company found out
Is Retaliation for Taking a Medical Leave Illegal? Read More »
