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Articles Posted in Retaliation

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Nothing good comes of forcing employees to go to brothels

And, then, there are those that allegedly do. It is on those occasions that this blog can practically write itself. Take, for example, AutoNation. According to a complaint recently filed in California state court — well, let’s just say that AutoNation better have some good lawyers. A copy of the…

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Will ya just retire already? No, but I’ll sue for age discrimination.

Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee’s retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you think, Brett?…

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A little ambiguity creates a BIG retaliation headache for employers

Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three essential elements of a retaliation claim: Employee Protected Activity – opposition to discrimination or participation in the…

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Fact or Fiction: Retaliation requires job-related action (e.g., firing)

  That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. Until about five years ago, a plaintiff had to prove a materially adverse employment action in order to recover…

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Apparently, sex in a supply closet is not sexual harassment

At least that’s what a federal court in Utah opined. I promise that this is not a prurient post gratuitously conceived to drive internet traffic to The Employer Handbook. And this case has nothing directly to do with Pennsylvania, New Jersey or Delaware employers (Ok, that last line was shameless.…

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This term’s top 5 employment-law Supreme Court rulings…in haiku

Last month, the Supreme Court handed down – if not the most important – certainly, the highest-profile decision of this term with Wal-Mart v. Dukes. However, in addition to this headline-grabber, this term saw four other significant employment-law decisions from the High Court about which employers must take note. After…