When does a complaint to a supervisor equal “protected activity” in a retaliation lawsuit?

When does a complaint to a supervisor equal “protected activity” in a retaliation lawsuit?

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

Employee wins federal appeal involving commonly-used defenses in employment discrimination cases

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