Retaliation (Title VII)

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing of facemasks with “Black Lives Matter” messaging.

The Biden Administration recently announced increased coordination between EEOC, the US DOL and the NLRB to strengthen an intra-agency approach focused on combatting unlawful workplace retaliation.  The approach will raise awareness and engage not only workers and the public, but also other key stakeholders, including employers.

Given the Administration’s focus,

In this episode, Jen discusses the federal Department of Labor’s “retaliation” bulletin, and strategies for avoiding liability in this area.

More than half of all workplace discrimination complaints filed with the Equal Employment Opportunity Commission involve retaliation. Attorney Mark Bakker discusses how employers can prevent and defend against retaliation claims.

It’s so hard to say goodbye. (Cue Boys II Men, and pass the tissues.) After four seasons, NBC has forced fans of the dramedy Good Girls to do just that.

Note: Includes spoilers for NBC’s Good Girls

What can NBC’s Good Girls teach us about retaliation claims at work? Let’s find out.

It’s so hard to say goodbye. (Cue Boys II Men, and pass the tissues.) After four seasons, NBC has forced fans of the dramedy Good Girls to

The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of discrimination.

In Robertson v. Wisconsin Department of Health Services, 949 F.3d 371, 374 (7th Cir. 2020), the

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May 17, 2021).  Although the Eleventh Circuit affirmed the district court’s order granting summary judgment

Despite the heightened attention to avoiding and addressing sexual harassment claims in the wake of the #MeToo movement, retaliation remains the most-frequently filed employment law claim according to the Equal Employment Opportunity Commission’s FY 2019 Enforcement and Litigation Data. The agency received 39,110 retaliation charges in FY 2019 or 53.8% of all charges filed.

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010.

Cases turn on the evidence. In the case of an employment discrimination or retaliation claim, the key may lie in the employee file maintained by the employer. One common piece of documentation created and maintained by many employers is performance evaluations. In Walker v. Verizon, a federal district court in Pennsylvania ruled on a case illustrating how important documentation can be in defending these claims.

A recent decision from a federal court in New York serves as a reminder to employers in South Carolina and North Carolina of just how difficult an employee’s allegations of retaliation can be to challenge, and how employers successfully can defend themselves against a discrimination claim—only to lose on the retaliation claim based on the same facts.

The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law.

Employers have been warned time and time again – retaliation claims are on the rise. With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance on Retaliation and Related Issues, which are guidelines for EEOC investigators to use in investigating retaliation claims. This is the first time in nearly two decades that the Commission has updated these guidelines.1

Executive Summary: The EEOC has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices.