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…
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…
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…
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…
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…
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…
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…
What makes retaliation the most common discrimination claim in America? I suspect it’s because other forms of discrimination (e.g., race, gender, disability) are more difficult to prove and don’t always result in an adverse employment action, such as termination of employment. And since most people like to keep their jobs,…
In Centucky Kentucky, it’s not retaliation to fire employees who complain about sexual favoritism. Then again making apple-pie moonshine and using a butcher cleaver to slice off the arm of a Detroit gangster isn’t frowned upon either. At least, that’s what watching Justified teaches me. But even in Kentucky, they…
Sounds like a bad batch of Pennyroyal Tea. Just another Tuesday here at the ole Handbook. <div style=”text-align: right;”>The San Francisco Chronicle is reporting here that Courtney Love, Kurt Cobain’s widow, is reuniting the band ** thank you for sparing our ear holes ** being sued by a former assistant…