Virginia Federal Employee Retaliation Lawyer Virginia Federal Employee Retaliation Lawyer Employees who report illegal conduct in the workplace—including those employed by the federal government—are protected by various regulations that prohibit unwarranted retaliation from superiors. If you observed or experienced discrimination, fraud, or other wrongdoing at your federal government job and are concerned about retaliation for …
Workers enjoy many legal rights outlined by various federal, state and local laws. However, these rights mean little if employees must suffer retaliation for exercising these rights. Luckily, many of these laws have special provisions that prevent workplace retaliation. Workplace retaliation is an adverse employment action against an applicant or employee that occurs in response …
Rarely will an employee have direct evidence of an employer’s unlawful behavior, such as discrimination or retaliation. This is particularly troublesome for employees when the employer files a motion for summary judgment to dismiss the employee’s lawsuit. Recognizing the challenge that employees face at this pretrial stage, courts have established a special burden-shifting standard to …
New Summary Judgment Standard for Retaliation Cases Read More »
If you believe your employer has discriminated against you because of a protected trait, such as a disability, you’re entitled to complain and report the discrimination. You can probably sue your employer too. What if your employer gets mad at you about your lawsuit or your complaint to human resources and fires you? You now …
Employer’s Revenge Lawsuits Are Not Considered Retaliation 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 »
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 »
