Just another Monday here at The Employer Handbook. It’s how we roll. Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination.…
Articles Posted in Retaliation
900,000 reasons not to judge a book by its cover
You’ve probably heard of this It’s Just Lunch, a Hallandale Beach-based company, even though you may not realize it. I’ll give you a hint. Have you flown recently? Yeah, that’s right. It’s Just Lunch is a matchmaking service that advertises around page 55 of the in-flight magazine of just about…
Supreme Court delivers two — count ’em TWO — wins for employers
This week, I am on vacation. The Supreme Court didn’t get my memo. Fine. But, I’m not putting down my beer to write this post. So, you get a one-handed rundown of the two employment-law decisions the court issued yesterday. Pardon my typos after the jump… * * * A…
I’ll take Supreme Court Justices on retaliation for $500, Alex.
Yesterday, the Supreme Court heard oral argument in University of Texas Southwestern Medical Center v. Nassar. In this case, the Court is being asked to determine what a plaintiff’s burden of proof is for a Title VII retaliation claim. Is it mixed motive? In other words, is it enough that…
POLL RESULTS: Here’s what you said about the #Donglegate firing
For much of the week, I’ve blogged about Adria Richards, the employee who got fired for tweeting complaints about discrimination. On Monday, I offered my legal analysis (here). On Tuesday, I followed that up with this simple poll that purported to remove the law from the equation: Was the decision…
POLL: Was the #Donglegate firing fair?
Whew! Got a little carried away with yesterday’s post about the employee who got fired for tweeting complaints about discrimination, didn’t I? Then again, I’m not the one who came up with the hashtag #donglegate. Yesterday, I offered my legal analysis. Today, I want your non-legal opinion: SendGrid’s decision to fire…
Employee gets fired for tweeting complaints about discrimination
Is this Retaliation 2.0? Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained…on Twitter: Not cool.Jokes about forking repo’s in a sexual way and “big” dongles.Right behind me #pycon twitter.com/adriarichards/… — Adria…
Is rejecting a sexual advance, without reporting it, protected activity?
Of all employment claims presented to the Equal Employment Opportunity Commission, retaliation numero uno. It’s been that way since 2010. There are three essential elements of a retaliation claim: (1) protected activity — opposition to discrimination or participation in the statutory complaint process; (2) adverse action; and (3) causal connection…
An EEOC complaint is not your free pass to goof off at work
Or sexually harass your co-workers. Unless, of course, you consider my working Hollywood manuscript: “An EEOC Complaint Is Your Free Pass to Sexually Harass.” I know, the title needs work, but with C. Thomas Howell, Tawny Kitaen real star power and a producer. ** Immediately regrets sixth shot of Drambuie with breakfast…
Manager’s drunk Facebook threats + Boss’s Buddha blogging = retaliation claim?
No body shots here; just a swift federal court kick to Coyote Ugly’s social-media jewels. You get the ice. I’ll pour a double and serve up the details after the jump… * * * Stewart v. CUS Nashville, LLC is a Fair Labor Standards Act action in which a bunch…