The plaintiff in this action has worked as a human resource specialist. She claimed that, beginning in 2019, her male supervisor made unwelcome sexual comments to her, and, when she reported those comments to his direct supervisor, they were ignored. So the plaintiff says she filed an Equal Employment Opportunity (“EEO”) complaint.…
I’ve got some ‘splaining to do before we get into the meat and potatoes. First, if a company fires someone because they complain about discrimination, that’s retaliation. It doesn’t matter if the firing happens a day, week, month, or year later. If the complaint motivates the adverse employment action, and you get…
On Wednesday, I blogged about a woman who worked as a “helper” for a construction company. She alleged that she had to endure misogynist comments from her general manager, who told her in front of others that, since she had “t*** and an a**,” she could not perform certain functions…
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. I did that last night when I read this Minnesota…
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. The EEOC newsroom is usually full of great blog fodder, and this press release about a recent $60,000 settlement of a unique retaliation lawsuit scratched my itch. According to the EEOC, it sued an employer…
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial. But plot twist! He didn’t. “I feel like you are racially discriminatory towards me.” The plaintiff, a black man, worked daily with the defendant’s President and Owner. One…
A recent decision from the Third Circuit Court of Appeals addresses the extent to which an employer may lawfully dig up reasons to terminate a current employee who has already sued for discrimination. The plaintiff initially filed a lawsuit against his employer alleging race discrimination, retaliation, and a race-based hostile…
This one company I’m going to tell you about today allegedly acted so egregiously that it drew the attention of (and a lawsuit from) the U.S. Equal Employment Opportunity Commission. Imagine that someone comes to HR one day and complaints about sex discrimination. Do you? Reassure the complainant that the…
Winning a retaliation lawsuit against an employer isn’t easy. The plaintiff-employee must prove three elements: she engaged in a protected activity; the defendant-employer took an employment action adverse to the plaintiff; and there was a causal connection between the protected activity and the adverse employment action. A journalist at a…
An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits. Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But…