Retaliation Archives - Kollman & Saucier P.A.

Inconsistent Discipline Allegations Save Police Dispatcher’s Race Discrimination Claims

Garrett Wozniak

09/12/2023

Employment Discrimination, Race Discrimination, Retaliation

Consistent treatment of similarly situated employees is one way in which employers can defend against claims of discrimination. Inconsistent treatment, however, can support allegations of discrimination. A recent decision from Maryland federal court provides an instructive example of how inconsistent enforcement of work rules and disciplining comparable employees differently can create problems under anti-discrimination laws. Jones v. City of...

Jordan Dunham

06/26/2023

Retaliation, Wage & Hour

A Sacramento California restaurant is on the hook for $140,000 in back wages and penalties owed to 35 employees after entering into a consent judgment in the U.S. District Court, Eastern District of California. The consent judgment resolves a case brought by the Department of Labor, Wage and Hour Division, against Taqueria Garibaldi and its several owners and operators. As a primer, the Department of Labor, Wage and Hour Division (“DOL”)...

Kollman & Saucier

01/13/2023

Hostile Work Environment, Retaliation

In Laurent-Workman v. Wormuth, No. 21-1766 (4th Cir. 2022), the Fourth Circuit confirmed that Title VII's prohibition against retaliation for complaints about discrimination includes creating a hostile work environment as a category of prohibited retaliation. In the case, the employee had raised a claim of retaliatory hostile work environment amongst her list of claims against her former employer. The Supreme Court's decision in Burling Northern...

Kollman & Saucier

03/15/2022

Retaliation

The U.S. District Court for the District of Columbia recently addressed to what extent an employer may take steps to protect confidential business data during an investigation of employee misconduct. Jimenez v. Mayorkas, No. 17-cv-2731 (D.D.C. 3/1/22). Rolando Jimenez is a government employee who, in 2012, was granted access to HSDN, a classified information system. A few years later, he was placed on special assignment with an external...

Kollman & Saucier

12/17/2021

Retaliation, Virginia Employment Law, Whistleblowers

When employers conduct investigations into suspected employee misconduct, they often place the employee on administrative leave pending the outcome of the investigation. The United States District Court for the Eastern District of Virginia recently held that placing an employee on such a leave does not amount to an adverse employment action under the anti-retaliation provisions of the Sarbanes-Oxley Act. Kashif v. PNC Bank, Civil Action No,...

Garrett Wozniak

09/15/2021

Employment Discrimination, Retaliation, Virginia Employment Law

A retaliation claim under Title VII of the Civil Rights Act of 1964 (Title VII) requires that there be protected activity, a materially adverse employment action, and a causal connection between the protected activity and the adverse action. An employee engages in protected activity when, for example, he opposes an unlawful employment practice or participates in an investigation, proceeding, or hearing regarding conduct that is proscribed by...

Kollman & Saucier

06/02/2021

Public Sector Employment Law, Retaliation

In a recent case involving termination of a public employee who disclosed confidential information about an ongoing investigation, the Fourth Circuit held that the employee’s termination was not retaliatory-discharge for the employee’s exercise of his First Amendment rights. Billioni v. Bryant, No. 20-1420 (4th Cir. 5/25/21). Billioni worked for the York County Sheriff’s Office. His wife worked for a local news station. Following the...

Vincent Jackson

08/19/2020

Retaliation, Virginia Employment Law

Last week, the Fourth Circuit Court of Appeals addressed for the first time whether a retaliation claim can be brought against a government employer under the Equal Protection Clause of the Fourteenth Amendment. The answer? No. The female plaintiff, a former Deputy Commonwealth Attorney for Carroll County, Virginia, brought a Section 1983 claim against her former employer under the theory that she was fired in retaliation for reporting sex...

Darrell VanDeusen

02/10/2020

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...

Kollman & Saucier

01/03/2020

Retaliation

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...

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Inconsistent Discipline Allegations Save Police Dispatcher’s Race Discrimination Claims

Keep Your Religion Off My Tacos: Taqueria Found To Have Retaliated When Workers Were Offered A Priest To Confess Their Workplace Sins

Fourth Circuit Confirms Standard For A Retaliatory Hostile Work Environment

D.D.C. Rules Employee’s Blocked Access to Classified Data During Conduct Investigation Not A Materially Adverse Action

Placement on Leave Pending Investigation is Not Adverse Action

Long Gap Not Fatal To Retaliation Claim

Fourth Circuit Rules Termination of Public Employee For Disclosing Confidential Information Not Retaliatory Discharge

Fourth Circuit Rules That A Retaliation Claim Cannot Be Brought Under Equal Protection Clause

Does “Zone of Interest” Retaliation Require Employment?

Timing Is Not Enough - Retaliation Claim Fails For Employee Fired Nine Days After Filing A Complaint

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Category: Retaliation

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