Category Archives: Retaliation

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

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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

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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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Third-Party Retaliation (Part 3)

Earlier today, we released a series of posts on third-party retaliation under Title VII, as interpreted by the Supreme Court in Thompson v. North American Stainless, LP, __ U.S. __, 131 S. Ct. 863 (2011). The next question is whether … Continue reading

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Third-Party Retaliation (Part 2)

Earlier today we released a post that discussed the Supreme Court’s holding in Thompson v. North American Stainless, LP, __ U.S. __, 131 S. Ct. 863 (2011). Since Thompson, a variety of opinions have been issued on what is within … Continue reading

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Third-Party Retaliation (Part 1)

Our video today talks about third-party retaliation. In Thompson v. North American Stainless, LP, __ U.S. __, 131 S. Ct. 863 (2011), the U.S. Supreme Court addressed a retaliation claim under Title VII of the Civil Rights Act. Eric Thompson, … Continue reading

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What Is Protected Activity Under Title VII (Part 6)

Courts Are Split On Whether Participation In An EEOC Investigation By Giving Statements Against The Complainant Is Protected From Retaliation In Twisdale v. Snow, 325 F.3d 950 (7th Cir. 2003), the Seventh Circuit refused to extend Title VII’s protection to … Continue reading

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What Is Protected Activity Under Title VII (Part 5)

Participation In Protected Activity Generally Need Not Be Based On A Good-Faith, Reasonable Belief To Be Protected, And Need Not Be Reasonable In The Manner Exercised, Although The Law Is Not Uniform On These Points Courts Generally Hold That The … Continue reading

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What Is Protected Activity Under Title VII (Part 4)

Participation In Protected Activity Generally Need Not Be Based On A Good-Faith, Reasonable Belief To Be Protected, And Need Not Be Reasonable In The Manner Exercised, Although The Law Is Not Uniform On These Points Courts Generally Hold That The … Continue reading

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What Is Protected Activity Under Title VII (Part 3)

We continue our post discussing that Oppositional Activity Must Be Based On A Good-Faith, Reasonable Belief, And The Activity Itself Must Be Reasonable, Or Else It Loses Its Protection Oppositional Activity Must Be Reasonable In The Manner It Is Exercised, … Continue reading

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