Employment Blog

New Summary Judgment Standard for Retaliation Cases
Retaliation

Rarely will an employee have direct evidence of an employer’s unlawful behavior, such as discrimination or retaliation. This is particularly troublesome for employees when the employer files a motion for summary judgment to dismiss the employee’s lawsuit. Recognizing the challenge...

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Employer’s Revenge Lawsuits Are Not Considered Retaliation
Retaliation

If you believe your employer has discriminated against you because of a protected trait, such as a disability, you’re entitled to complain and report the discrimination. You can probably sue your employer too. What if your employer gets mad at...

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Is Having Sex With Your Boss Sexual Harassment?
Retaliation, Sexual Harassment

Deciding to have a sexual relationship with your boss is normally a bad idea. It can result in problems in the workplace, both with co-workers and with your supervisor, who may just be exploiting you. Things can go especially sour...

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What Do I Need to Say to Be Protected as a Whistleblower?
Retaliation, Whistleblower

If you have complained to management, the press, or a government agency about your employer’s unethical, illegal, or discriminatory acts, you may have some protection under the law as a whistleblower. Depending on the circumstances, if you suffer negative consequences...

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What’s the Difference Between an Awful Boss and One Who Legally Harasses You?
Retaliation

Judges are busy people. As much as they may have wanted to make the world a better place when they started out, that impulse was probably beaten out of them after a few months on the bench. As a practical...

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Can a Judge Change a Jury’s Decision?
Pregnancy Discrimination, Retaliation

All the world’s a stage, And all the men and women merely players. — William Shakespeare A courtroom is a stage where both parties tell their stories to the audience: the jury or the judge. Lawsuits have dialogue, drama, characters,...

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Retaliating Employer Liable for Emotional Distress Under the FLSA
Retaliation

Many of us have work troubles. And most of these issues are simply an unfortunate fact of professional life and are not things that the law prohibits. But what do you do if the problems are the result of illegal...

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Bayer Executive Fired After Standing Up for Pregnant Employee
FMLA, Pregnancy Discrimination, Retaliation

You are a high-ranking executive in a major company. The company has honored you and promoted you to oversee some of its most profitable products and brands. You would think that if you witnessed illegal discrimination and called your colleagues...

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You Just Lost Your Job Because You’re Pregnant
Pregnancy Discrimination, Retaliation

In most work settings, letting your boss know that you are pregnant usually elicits congratulatory remarks and efforts to help make the pregnancy as easy and wonderful as possible. But for two women, becoming pregnant recently caused the termination of...

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EEOC Issues Updated Retaliation Guidance, Part 4: Interference Versus Retaliation Under the ADA
ADA, Retaliation

Imagine you work for an employer covered by the Americans with Disabilities Act of 1990 (ADA). Due to your ADA-recognized disability, you need to take certain medications at work and avoid certain job duties as ordered by your doctor. Despite...

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