Employment Blog

EEOC Issues Updated Retaliation Guidance, Part 3: Proving Retaliation
Retaliation

In Parts 1 and 2 of our series of blog posts discussing the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on workplace retaliation, we discussed promising practices that employees can use as a framework for determining whether retaliation has taken...

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EEOC Issues Updated Retaliation Guidance, Part 2: What Constitutes a Protected Activity?
Retaliation

We first discussed the newly released retaliation Enforcement Guidance issued by the Equal Employment Opportunity Commission (EEOC) in our blog post titled “EEOC Issues Updated Guidance on Workplace Retaliation.” However, due to the comprehensive nature of this Enforcement Guidance, we...

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EEOC Issues Updated Guidance on Workplace Retaliation; Suggests Protected Practices
Retaliation

Over the next four blogs, we will provide an overview of the key elements of the EEOC’s recently released Enforcement Guidance on Retaliation and Related Issues. Today, we begin with an overview of retaliation and an explanation of the EEOC’s...

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Can I Sue My Former Employer for Defamation?
Advice, Retaliation

Defamation occurs when someone transmits false information to a third party and harm results. Depending on who the person being harmed is, a plaintiff in this kind of case would need to prove differing levels of culpability. An example of...

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What Role Does Timing Play in a Retaliation Case?
Retaliation

In most employment discrimination cases, the issue revolves around bias against the employee or job applicant because of an employee’s personal characteristics (such as color, race, religion, or sex), while retaliation cases are based on what an employee does. In...

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The Three Wise Monkeys and Workplace Retaliation
Retaliation

The proverbial saying “see no evil, hear no evil, speak no evil” is often represented by three wise monkeys, each covering its eyes, ears, or mouth. Depending on the culture, this maxim can refer to a lack of moral responsibility...

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Is Retaliation for Taking a Medical Leave Illegal?
Family, Medical, and Other Leave Discrimination, FMLA, Retaliation

Wal-Mart is the home of everyday low prices. For some employees, it is also the home of illegal employment practices. One Wal-Mart assistant manager found out the hard way that taking medical leave meant getting fired. A New Jersey jury...

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Does Getting Fired for Lying Count as Retaliation?
Retaliation

Imagine the following situation: an employee believes she is being sexually harassed, so she submits a complaint to her employer and later files a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC holds a hearing where the employee testifies...

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How Do You Show That an Investigation Was Retaliatory?
Retaliation

Retaliation is a legal term for punishing an employee because he or she does something protected by the law, such as filing a discrimination complaint or testifying on behalf of someone else who has. Normally, an employee who claims retaliation...

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Can I Be Fired for Reporting Someone Else’s Sexual Harassment?
Retaliation, Sexual Harassment

If someone reports sexual harassment to you and you report it to management or human resources, you might be asking yourself, can I be fired?  You’ve done the right thing. Your actions entitle you to legal protection from retaliation, which...

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