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Recent Posts
- Court Holds That Once An Employer Acts With An Illegal, Retaliatory Motive Against An Employee, The Employee’s Mildly Inappropriate Response Is Not Sufficient To Remove The Taint Of Illegal Retaliation
- Fifth Circuit Holds That Employee’s Failure to Provide Doctor’s Note Confirming Reason for Absence Dooms His Claims Under The Americans with Disabilities Act
- Fifth Circuit Holds That Employees Interviewed As Part Of A Sexual Harassment Investigation Have Greater Protection From Retaliation
- Employee Loses Retaliation Claim Based On Coworker’s Use Of The Phrase “Heil Hitler”
- EEOC Takes Aggressive Positions On Homosexual Rights In The Workplace Under Title VII
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Monthly Archives: June 2013
Severance Agreements And Retaliation (Part II)
In our post yesterday we discussed the pro-employee case of EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 (D. Md. 2006). The Sixth Circuit Court of Appeals issued a more employer-favorable decision on the issue in EEOC v. Sundance … Continue reading
Severance Agreements And Retaliation (Part I)
Employers must be careful with how their severance and release agreements are drafted, both to ensure they are effective, and that they do not stimulate retaliation claims. An extreme example is EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 … Continue reading
If An Employee Engages In More Protected Activity After An Employer Takes Some Action Against Him or Her, Is The Employer’s Action Materially Adverse?
Our paper addresses this interesting question. An employer’s actions are “materially adverse” – and thus actionable as retaliation – if they are “harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge … Continue reading
FLSA Retaliation – Can A Plaintiff Obtain Punitive Damages?
Federal appellate courts that have considered the issue are split on whether a plaintiff can recover punitive damages in a FLSA retaliation claim. Compare Travis, 921 F.2d at 111–12 (punitive damages are available in an FLSA retaliation claim), with Snapp … Continue reading
FLSA Retaliation – Can A Plaintiff Obtain Emotional Distress Damages?
The damages provision of the anti-retaliation section of the FLSA states in relevant part: Any employer who violates the provisions of section 215(a)(3) of this title shall be liable for such legal or equitable relief as may be appropriate to … Continue reading
Retaliatory Harassment Is Actionable Under Title VII
One issue our paper discusses is whether retaliatory harassment is actionable under Title VII. In Gowski v. Peake, 682 F.3d 1299 (11th Cir. 2012), a case decided in June 2012, the Eleventh Circuit Court of Appeals recognized a cause of … Continue reading
The FDA Food Safety Modernization Act
Our paper on retaliation has a section on the FDA Food Safety Modernization Act On January 4, 2011, President Obama signed the FDA Food Safety Modernization Act (FSMA), which seeks to promote food safety by enacting strict safety standards in … Continue reading
Other Non-Sox Anti-Retaliation Laws Created Or Strengthened By Dodd Frank (Part III)
Amendment Of The False Claims Act The False Claims Act (“FCA”) is a whistleblower law that allows a private individual with knowledge of past or present fraud committed on the federal government to sue on the government’s behalf and recover … Continue reading
Other Non-Sox Anti-Retaliation Laws Created Or Strengthened By Dodd Frank (Part II)
Amendment Of The Commodity Exchange Act Section 748 amends the Commodity Exchange Act to create a whistleblower incentive program and whistleblower protection provision that are substantially similar to the SEC reward program and anti-retaliation provision contained in section 922. Under … Continue reading
Other Non-Sox Anti-Retaliation Laws Created Or Strengthened By Dodd Frank (Part I)
Private Cause Of Action For Retaliation Under Dodd-Frank Section 1057, Relating To The Consumer Financial Protection Act of 2010 Dodd-Frank prohibits retaliation against “any individual performing tasks related to the offering or provision of a consumer financial product or service” … Continue reading
