Sunday, July 5, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 200153+ results for “retaliation”
Resource Library
HR Guidebook
Employee Relations & Open-Door PolicyA framework for fair treatment, open communication, and raising and resolving workplace concerns without retaliation.
HR Policy Samples
Equal Employment Opportunity PolicyA sample equal employment opportunity policy — protected characteristics, scope across all employment actions, reasonable accommodation, and non-retaliation.
HR Policy Samples
Sexual Harassment PolicyA sample anti-harassment policy covering all protected-characteristic harassment — definitions, reporting channels, investigation, and non-retaliation.
HR Headlines
The company said it had shuttered a Maryland location because of “declining conditions” in a surrounding mall. The union accuses Apple of retaliation.
HR Headlines
Federal jury awards former Yakima Walmart employee $23M in retaliation case Yakima Herald-Republic
New York - General
In this episode of our Litigation Lens podcast series, Michael Nail (shareholder, Greenville) is joined by Sarah Zucco (shareholder, New York) and Olivia Orlando-Donovan (associate, New York/Stamford) to break down Judge Lyman’s April 2026 opinion in Lively v. Wayfarer Studios—a 152-page decision arising from the production of It Ends With Us. The speakers examine the […]
HR Headlines
LA City Council approves $500K for Retaliation Lawsuit Filed by Former LAFD Chief LAmag
HR - Whistleblowing
TakeawaysThe risk of FCA retaliation complaint is rising as courts broadly interpret protected activity (including internal complaints), heightening employer exposure and underscoring the need for strong compliance and anti-retaliation programs.The first 72 hours after a complaint are critical. Employers should separate investigations from employment decisions, assign roles early, preserve evidence, and assess timing and comparators to reduce litigation risk.Recent case law reinforces the impor…
HR Headlines
LA City Council approves $500K to fight ex-fire chief in lawsuit for alleged workplace retaliation ABC7 Los Angeles
FLSA - Retaliation
In Sonderling v. Ikes Artisan Pizza LLC , the U.S. Department of Labor (DOL) is pursuing a legal theory that, if adopted by the court, would allow the DOL to seek punitive damages in Fair Labor Standards Act (FLSA) retaliation lawsuits.
Oregon - Wage & Hour
Oregon Court Clarifies That Asking for a Raise Is Protected by Wage Transparency Law In a clarification of Oregon’s wage transparency statute, the Oregon Court of Appeals has held that ORS 659A.355 protects an employee from retaliation for merely asking for a raise, even where no claim of pay inequi
Massachusetts - Wage & Hour
In a ruling that provides important early guidance on the reach of the Massachusetts Paid Family and Medical Leave Act (PFMLA), a Suffolk Superior Court judge in the Business Litigation Session has held that the PFMLA’s anti-retaliation protections apply only to “employers” and do not extend to indi
Verdicts & Settlements
A Los Angeles jury just sent Liberty Mutual Insurance a $103 million message—and it’s this: the numbers matter. Workforce statistics, age patterns, and data trends played a starring role in findings of age discrimination, harassment, and retaliation. In this episode, Joe Beachboard, co-founder of Em
Verdicts & Settlements
On January 16, 2026, a jury awarded an employee $5.5 million in a sexual harassment and retaliation case in the U.S. District Court for the Northern District of Georgia. A former security guard for a private security firm in Atlanta sued for hostile work environment, negligence, and unlawful dischar
New York - General
Hochul signs laws that protect individuals who request a reasonable accommodation from retaliation and prohibit the use of a person’s consumer credit history in employment decisions
HR - Workplace Investigations
High-stakes investigations—harassment, retaliation, fraud, or safety concerns—are where credibility and process matter most. Jen shares strategies for handling...
California - Whistleblowers
On December 15, 2025, the California Court of Appeal, Fourth Appellate District, issued a published decision in Contreras v. Green Thumb Produce, Inc. , reversing a trial court’s grant of judgment notwithstanding the verdict (JNOV) in favor of the employer defendant in a whistleblower retaliation an
ADA - General
\\\\t In Smith v. Mich. Dep’t of Corr., the Sixth Circuit held that Section 504 of the Rehabilitation Act does not provide a private cause of action for retaliation, addressing the unsettled statutory basis for this type of claim.
New Jersey - General
The U.S. District Court for the District of New Jersey ruled that a claim by a remote employee in New Jersey over her Pennsylvania employer’s attempt to end her remote work arrangement, which allowed her to work from home in New Jersey, belongs in federal court in Pennsylvania. The court
Retaliation (Title VII)
Retaliation claims now top the EEOC’s charge list, and California employers are no exception. Why are these claims on the rise, and what everyday employer...
Retaliation (Title VII)
Retaliation claims now top the EEOC’s charge list, and California employers are no exception. Why are these claims on the rise, and what everyday employer decisions trigger risk? Jen explains the trends, the traps, and the tools HR needs to prevent retaliation while still enforcing accountability.
HR - Workplace Investigations
High-stakes investigations—harassment, retaliation, fraud, or safety concerns—are where credibility and process matter most. Jen shares strategies for handling tough interviews, assessing credibility, documenting defensibly, and keeping investigations fair and trauma-informed, even under pressure.
ADA - General
On August 19, 2025, the U.S. District Court for the Eastern District of Michigan held that an employee was not protected under the Americans with Disabilities Act since he had not been medically cleared to return to work and could not perform his essential job functions. The decision in Haack
HR - General
An employee storms out. Another posts a goodbye rant online. Can you respond—or are you walking into a retaliation trap? In this episode, Jen breaks down the legal protections that can apply even after an employee quits, and how to safely document and communicate when emotions are running high. Beca
California - Whistleblowers
Courts Clarify California Whistleblower Law Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery under Labor Code section 1102.5
HR - General
Jen has talked about “quiet quitting,” but what’s an employer to do when the work is technically getting done—just with zero initiative, collaboration, or care? In this episode, Jen explores the legal boundaries of managing checked-out employees without crossing into retaliation, disability discrimi
HR - Whistleblowing
Can an employee claim retaliation for whistleblowing when they were simply doing their job? Can an employee claim retaliation for whistleblowing when they were simply doing their job? ehubert@littler.com Tue, 07/08/2025 - 08:56
New Jersey - General
In Davis v. Benihana, Inc. , the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law Against Discrimination (NJLAD) finding that such claims were completely p
HR - General
Littler Lightbulb –May Employment Appellate Roundup Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims tgelbman@littler.com Tue, 06/10/2025 - 08:46
Title VII - General
An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social media remarks criticizing gender-affirming care for transgender people and
Oregon - General
Think Before You Ask: Oregon Cracks Down on Age-Related Hiring Questions and Increases Age Discrimination Protections for Apprentices Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment.
Illinois - Wage & Hour
TakeawaysThe state’s “One Day Rest In Seven Act” now includes anti-retaliation provisions and an enforcement mechanism.Employers should review their policies and practices and ensure they are compliant with the new law.Related linkIllinois General Assembly - Full Text of Public Act 103-1082Article
HR - USERRA
TakeawaysThe Dole Act modifies USERRA’s anti-retaliation provisions, potential remedies, and more.It expands safeguards for veterans transitioning back to civilian life and returning to work.The Dole Act is the most recent enhancement to USERRA, but it is unlikely to be the final one.Related linkPub
Illinois - General
Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation Last month Governor JB Pritzker signed SB 3180 into law prohibiting retaliation under the One Day Rest in Seven Act . The Act requires every employer, with certain exceptions, to provide employees with at least 24 consecutive hours of
Verdicts & Settlements
On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving discrimination and retaliation claims invalidated the entire agreement.
New York - General
On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the law’s prohibition on discrimination and retaliation based on employees’ rep
HR - USERRA
USERRA prohibits employment discrimination and retaliation based on military status or obligations and includes broad reemployment rights. Recent case shows that a company’s pro-military/veteran position, policies, and programs can help establish a defense to USERRA claims alleging anti-military bia
Religious Discrimination - Reasonable Accommodation
Knowing several religious holidays are coming up soon, employers can take steps to avoid triggering religious discrimination and reasonable accommodation lawsuits. Consistently applying paid time off rules can help to prevent discrimination, retaliation, and religious reasonable accommodation claims
California - General
California law provides robust protections for employees’ political activity, including anti-discrimination and retaliation protections. California law also provides employees broad protections for lawful off-duty conduct. California employers are required to provide employees with time off to vote
HR - General
In this episode, Jen discusses what constitutes “retaliation” under California law, and how to avoid getting sued for it.
New Jersey - Wage & Hour
On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”). Since then, litigants in New Jersey have struggled with the
New Jersey - General
The New Jersey Supreme Court considered whether non-disparagement clauses prevent employees from discussing details of discrimination, harassment, or retaliation claims under the state’s Law Against Discrimination are permissible
FMLA - General
On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical Leave Act (FMLA) interference, FMLA retaliation, and race discrimination un
HR - Whistleblowing
Supreme Court decision clarifies framework for whistleblowers filing claims under the Sarbanes-Oxley Act. Plaintiffs need to prove only that their whistleblower activity was a contributing factor in their termination, but still must ultimately show causation.
California - General
The new California employment-related laws that came out of the 2023 legislative session address a number of issues that will affect many employers. Leave (paid family leave, sick leave, and reproductive loss leave), retaliation (presumptions of retaliation related to terminations of employment), no
New York - Restrictive Covenants
New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to file complaints with the state enforcement agency. The laws are aimed a
New York - Restrictive Covenants
Executive Summary : New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law.
FMLA - ADA, Interplay
Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA.
New York - Human Rights Law
On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of discrimination, harassment, or retaliation. The amendments went into effect im
California - Fair Employment And Housing Act
By: New Law Makes Establishing Retaliation Claims Easier For California Employees By: New Law Makes Establishing Retaliation Claims Easier For California Employees On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 497, which makes it easier for employees to establ
California - Fair Employment And Housing Act
Halloween season is a good time for spooky stories, so let’s talk about a subject that strikes fear in the hearts of employers everywhere: retaliation claims.
HR - USERRA
USERRA prohibits employment discrimination and retaliation based on military status or obligations and includes broad reemployment rights. USERRA is more far-reaching than other employment anti-discrimination laws in several respects. Multiple pending lawsuits could determine that USERRA requires em
California - General
On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation if an employee is discipli