Employees routinely talk with their supervisors about work-related issues and problems. In the context of a retaliation lawsuit, a key legal question is often whether the complaint to the supervisor should be considered a “protected activity.” The Court of Appeals for the Sixth Circuit recently took this question head on in Crawford v. Chipotle Mexican Grill, … Continued
Retaliation claims are the single most common type of complaint received by the U.S. Equal Employment Opportunity Commission (EEOC). But what exactly constitutes retaliation as opposed to simply unfair treatment? As the EEOC defines it, retaliation comprises a narrower set of circumstances than the everyday definition of retaliation. Cases litigated in court under Title VII … Continued
A pressing topic in employment discrimination law over the last few years has been whether Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for employers to discriminate against individuals because of their sexual orientation and/or gender identity. Title VII generally prevents employers from making employment decisions based on an … Continued
Many people know that the U.S. Equal Employment Opportunity Commission (EEOC) investigates claims of workplace discrimination related to an employee’s race, gender, age, etc. But most of the public does not realize that the EEOC also enforces discrimination related to an employee’s genetic information. To help spread the word, the information below is based upon … Continued
The U.S. Court of Appeals for the Fourth Circuit issued a decision (Haynes v. Waste Connections, Inc.) this week that reversed in the employee’s favor. The opinion tackles many commonly-used defenses by employers in employment discrimination and retaliation cases. In particular, the Fourth Circuit analyzed whether: the employee had identified a valid comparator (aka a … Continued
A recent federal court of appeals case sheds new light on the question of who should be considered a “similarly situated employee” as compared to the plaintiff in an employment discrimination case. The context in which “similarly situated employee” analysis arises is that, as the U.S. Court of Appeals for the 11th Circuit found, discrimination … Continued
In the United States and abroad, gender equality has been a particular focus of political and public discussion in recent years as increasing efforts have been made to try and address and analyze why certain jobs and industries still have such imbalances between the number of male and female employees. Across the pond in the … Continued
The EEOC settled its sexual harassment and retaliation case against Ojos Locos Cantina in New Mexico earlier this month for $700,000, as well as injunctive relief described below. The EEOC’s complaint The EEOC alleged that, among other things, female employees at Ojos Locos Cantina were subjected to: Receiving an unwelcome photograph of a supervisor’s … Continued
Can a false rumor about a woman “sleeping” her way to a promotion give rise to a hostile work environment claim? Yes. On February 8, 2019, the U.S. Court of Appeals for the Fourth Circuit held in Parker v. Reema Consulting Services, Inc. that, where an employer participates in circulating false rumors that a female … Continued
ProPublica and the Urban Institute recently issued a report with startling conclusions about the lasting impact of age discrimination against employees. While age discrimination has long been prevalent in the workplace, the crippling damage it causes to employees’ retirement and savings accounts are now receiving more study and attention. A lay off or other involuntary … Continued
