To prevail in an employment discrimination case, the plaintiff is required to present evidence of pretext by his or her (former) employer. What exactly does pretext mean, though, at a practical level? The Fourth Circuit Court of Appeals recently explored this concept in holding that a former trash truck driver was entitled to go to […]
Retaliation
Some Fun Facts About The EEOC’s 2018 Charge Data
By Randi Klein Hyatt on April 12, 2019 in Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment
The EEOC released its 2018 charge statistics earlier this week. Here are three key pieces of information to consider: Charge filings have decreased. In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]
Losing Out On Voluntary Overtime Chances Can Be Tangible, Adverse Action.
By Randi Klein Hyatt on December 11, 2018 in Employer Liability, Employment Discrimination, Retaliation, Sexual Harassment
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 […]
An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity
The Fourth Circuit Court of Appeals has given new life to a plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Strothers v. City of Laurel, 2018 U.S. App. LEXIS 18417 (4th Cir. July 6, 2018). The Court concluded that the plaintiff reasonably believed that she was harassed because of her […]
Fourth Circuit Puts Employee’s Retaliation Claim Over A Barrel
I enjoy the Cracker Barrel. Their chicken and dumplings is almost as good as what my southern family cooked up when I was a child. And, their sourdough French toast is wonderful, with or without a few of those small bottles of syrup. Alas, this is not a food blog. This post is about a […]
OSHA’s New Reporting Rules Take Effect
The “third time’s a charm” applies to even the federal government. The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation. Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial […]
BNSF Railway Vindicated In Employee Termination Decision
In Koziara v. BNSF Railway Co., No. 16-1577 (7th Cir. Oct. 31, 2016), the Seventh Circuit Court of Appeals vacated a nearly half-a-million dollar jury award in favor a fired employee who alleged that he was terminated in retaliation for reporting a workplace injury. The decision reinforces the principal that an employee’s protected activity will […]
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