Category: Retaliation

In her blog post of January 27, 2020, my partner Bernadette Hunton reported on the EEOC’s charge statistics in the 2019 fiscal year.  According to the EEOC, nearly 54% of the 72,675 charges filed in fiscal 2019 included a retaliation component. Now, this percentage may be somewhat meaningless.  A charging party need only check the box on a form to raise a claim, regardless of whether the actual elements of retaliation exist (i.e., a good faith...

An IT company analyst was not entitled to have a jury decide if he was fired in retaliation for complaining about race discrimination as he claims, versus the performance issues that his former employer identified.  Mr. Eyad Asi worked for Information Management Group (IMG) as an analyst and was assigned by IMG to work on a specific contract at Fort Meade, Maryland.  The contract on which he worked was managed on-site by Absolute Business Solutions...

A recent decision out of the Eleventh Circuit demonstrates how easily an employer’s purportedly negative comment made closely in time to an employee’s legally protected activity can form the basis of an allegation that the employer unlawfully retaliated.  Jacomb v. BBVA Compass Bank, No. 18-11536 (11th Cir. 11/4/19) (unpublished). Jacomb was hired as a Senior IT Project Manager for BBVA Compass Bank (BBVA).  A few years later, she received a...