Articles Posted in Retaliation

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What does it take to be individually liable for discrimination? A lot.

Image Credit: Photofunia.com Most discrimination lawsuits involve a single, individual plaintiff and, on the other side of the “v,” a company as the sole defendant.  But, sometimes, that plaintiff will name additional individual defendants too, such as a manager, supervisor, or even someone from Human Resources. When that happens, what…

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Lawsuit: Google discriminates against male, white, and conservative employees.

Image Credit: Photofunia.com Remember that male Google software engineer who got fired last year after posting a 3,300-word criticism of Google’s diversity policies on the company’s internal website. If you don’t check this out. Well, guess what? Dude just filed this class-action lawsuit against Google. Among other things, he and the other…

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Surprise! Your company could be liable under Title VII as a joint employer.

It’s late Sunday night. I just finished the Walking Dead mid-season finale (no spoilers) and I’m catching up on the latest news about Carson Wentz’s knee. And somehow I managed to pull myself out of the fetal position to type this post. I’m trying to remember the last time that…

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Hear ye! Hear ye! 45,000 reasons not to publicize details of an employee’s EEOC charge of discrimination

For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act? Raise your hand if the answer is not publicizing details of…

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A noogie could be retaliation. (I’ll take “What We Were Never Taught In Law School” for $400.)

noogie || noun noog·ie \ ˈnu̇-gē \ According to Merriam Webster, a “noogie” is the act of rubbing one’s knuckles on a person’s head so as to produce a mildly painful sensation. But, could a noogie be considered an act of retaliation under Title VII of the Civil Rights Act of 1964? (Hey,…

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“Perverse and absurd,” today’s post isn’t really as fun as it sounds.

Not even close to that fun. No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees…

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Court says, yes, you can fire a worker whom you believe made up a discrimination claim at work.

Got that? It’s not just people who fabricate complaints of discrimination at work, but those whom you believe fabricated discrimination claims. Everybody, roar it with me, “Yassssss!” In Villa v. Cavamezze Grill, LLC (opinion here), the plaintiff was a low-level manager at a restaurant. Around Halloween in 2013, the plaintiff reported…

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70,000 reasons not to fire a witness for participating in a sexual harassment investigation

You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964. But, Title VII’s anti-retaliation provisions are much broader than that. Title VII prohibits employers from retaliating against an employees who oppose unlawful harassment…