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Retaliation

Interference as an ADA claim

EEOC Issues Updated Retaliation Guidance, Part 4: Interference Versus Retaliation Under the ADA

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 …

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EEOC Issues Updated Retaliation Guidance, Part 3: Proving Retaliation

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 …

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What is a protected activity?

EEOC Issues Updated Retaliation Guidance, Part 2: What Constitutes a Protected Activity?

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 »

EEOC Issues Updated Guidance on Workplace Retaliation; Suggests Protected Practices

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 …

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Is Retaliation for Taking a Medical Leave Illegal?

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 »