Retaliation
‘Clear’ Circuit Split on Sexual Harassment Requires SCOTUS Review, Employee Says
The U.S. Supreme Court should weigh in on a Title VII of the Civil Rights Act of 1964 sexual harassment standard and resolve a “clear and important” circuit split, an employee argued in a Nov. 12 filing (Paskert v. Kemna-ASA Auto Plaza, Inc., No. 18-3623). The petition, originally filed in July, challenged an 8th U.S. Circuit Court…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read MoreBack to Basics: A Retaliation Refresher
In this, our fifth and final installment of Back to Basics, we outline an anti-retaliation checklist. Case in Point – when supervisors sat down with Frank Brown to tell him he couldn’t take leave to attend a doctor’s appointment with his wife during the workday, he yelled and banged his fists on the table, court documents…
Read MoreYour Employee Filed An EEOC Charge. Now What?
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…
Read MoreTo Avoid EEOC Actions, Create Policies, Train in Advance
As topics like #MeToo and workplace bias receive continued attention, the importance of understanding how the Equal Employment Opportunity Commission (EEOC) works will only grow. For one thing, experts say, the EEOC’s procedures are complicated and evolving. For another, many companies work under misconceptions that could complicate an already messy situation should they ever be…
Read MoreTen Ways Employers Get Themselves Sued (Part One)
Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…
Read MoreHeterosexual HR Manager Loses Discrimination Claim
A heterosexual HR manager fired after writing an angry Facebook post against Target’s policy of allowing transgender individuals to use restrooms according to gender identity could not state a discrimination or retaliation claim, the 5th U.S. Circuit Court of Appeals ruled. The plaintiff began working in the Louisiana office of Plant-N-Power Services Inc. (PNP) in…
Read MoreEmployers Beware: Workplace Gossip about Sex May Risk Liability under Title VII
Sexually explicit rumors, affairs to influence promotion, jealous male coworkers, sexist remarks by a high-ranking manager, and ultimate retaliation and termination—an episode of Mad Men? The plot of a new show on Netflix? No. Real sexual harassment—at least according to Evangeline Parker, who filed a claim alleging discrimination under Title VII against her former employer,…
Read MoreTermination: Your Legal Responsibilities When You Let an Employee Go
Letting an employee go is challenging for everyone involved. With such a life-changing event, many in the business world feel it is prudent to be as open, honest, and prepared as possible for the way the terminated employee might respond to their termination. Right to Work and At Will Even in right to work states,…
Read MoreThe Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit
In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…
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