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Losing Out On Voluntary Overtime Chances Can Be Tangible, Adverse Action.

Employers are by now well-versed in the concept that under Title VII, an employer is strictly liable for a supervisor’s harassment when the harassment results in a tangible employment action.  The obvious employment actions include termination, demotion, failure to promote, reassignment with significantly different responsibilities, etc.  The Fourth Circuit Court of Appeals, in Ray v. […]

Employee Who Copies Personnel Records Loses Retaliation Claim

The United States Court of Appeals for the Fourth Circuit has ruled that an employee’s review and copying of confidential personnel files to be used in support of her charge of discrimination is not protected by Title VII’s anti-retaliation provisions when it was done in violation of a state law. Netter v. Barnes, No. 18-1039 […]

Yes, Really, Honeywell. You Should Not Finally Fire An Employee Who Has Been Chronically Tardy For 12 Years Only After She Files An FMLA Leave Request.

Honeywell International learned the hard way a lesson that comes up regularly with employers:  An employee who has had a long-standing problem with X.  And X can be anything from tardiness, forgetting to clock out, violating dress code, missing regular internal filing deadlines, or some other consistent deficiency, that is frustrating and warrants discipline, yet […]

First Circuit Holds University’s Response To Sex Harassment Is Retaliation

Now more than ever, employers are aware of their obligation to take prompt remedial action in response to complaints of sex harassment.  But what happens when the employer’s attempt to placate a complainant through voluntary transfer results in less favorable work conditions?  Well, now the complainant has a cause of action for retaliation, explained the […]

Second Circuit Extends Reach of Cat’s Paw in Title VII Retaliation Suit

A number of federal courts have held that, under the “cat’s paw” doctrine (named after an Aesop’s fable), an adverse employment decision based on information from a supervisor with discriminatory or retaliatory animus may provide the basis for employer liability under Title VII.  However, it has not been clear that an adverse action based on […]