Category Archives: Retaliation

Fifth Circuit Holds That Employees Interviewed As Part Of A Sexual Harassment Investigation Have Greater Protection From Retaliation

Mark Oberti writes: Recently, the U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Mississippi, and Louisiana, affirmed that an employee interviewed as part of a company’s internal investigation into sex harassment complaints is protected from retaliation under … Continue reading

Posted in Discrimination, EEOC, Houston Employment Law, Houston Retaliation Law, Retaliation, Whistleblower

Employee Loses Retaliation Claim Based On Coworker’s Use Of The Phrase “Heil Hitler”

Some employees think that any workplace complaints over inappropriate conduct or statements are protected from retaliation — meaning that the employer cannot retaliate against them for making such complaints. But, the law is actually far different, as illustrated by a … Continue reading

Posted in EEOC, Houston Retaliation Law, Retaliation

Fifth Circuit Holds That A Manager’s Threat To Reduce An Employee’s Pay In Retaliation For the Employee’s Hiring Of A Transgendered Employee Was Not An Adverse Employment Action That The Threatened Employee Could Sue Over

In a case decided in December 2015, Brandon v. Sage Corp., 808 F.3d 266, 270 (5th Cir. 2015), the U.S. Court of Appeals for the Fifth Circuit addressed a retaliation claim brought by the plaintiff Brandon, the former Director of … Continue reading

Posted in EEOC, Houston Retaliation Law, Retaliation, Uncategorized

Fifth Circuit Says Dodd-Frank’s Anti-Retaliation Provision Only Covers Employees Who Provide Information To the SEC — Rejecting Many Other Cases To the Contrary

The Fifth Circuit issued a decision on July 17, 2013, that limits Dodd-Frank’s anti-retalition provision’s coverage to employees who provide information to the SEC. In doing so, it rejected numerous other court decisions that held to the contrary. By way … Continue reading

Posted in Dodd Frank, Houston Retaliation Law, Retaliation, SOX, Whistleblower

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

Posted in Houston Employment Law, Houston Retaliation Law, Retaliation, Separation Agreements | Tagged ,

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

Posted in Houston Employment Law, Houston Retaliation Law, Retaliation, Separation Agreements | Tagged ,

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

Posted in Houston Employment Law, Houston Retaliation Law, Retaliation | Tagged ,

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

Posted in Damages, FLSA, Houston Employment Law, Houston Retaliation Law, Overtime, Retaliation | Tagged , ,

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

Posted in Harassment, Houston Employment Law, Houston Retaliation Law, Retaliation | Tagged , ,

Extraterritorial Application Of Dodd Frank’s Anti–Retaliation Provision

In Asadi v. G.E. Energy (USA), LLC, Civil Action No. 4:12–345, 2012 WL 2522599, at *7 (S.D. Tex. June 28, 2012), the district court held that “Dodd–Frank’s Anti–Retaliation Provision per se does not apply extraterritorially.” The claimant, a dual United … Continue reading

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