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Retaliation

Does “Zone of Interest” Retaliation Require Employment?

By on February 10, 2020 in 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 […]

Maryland Federal Court Finds Employee’s Reassignments Not Adverse Employment Action

By on December 4, 2019 in Employment Discrimination, Retaliation

The U.S. District Court for the District of Maryland recently denied relief to an employee of the Wicomico County Department of Corrections (WDCD) who claimed that she faced unlawful discrimination via several department reassignments and disciplines.  Passwaters v. Wicomico County, No. 1:18-CV-02923 (D. Md. 11/27/19). Passwaters worked as a Correctional Officer for WCDC.  She was […]

Eleventh Circuit Finds Employer’s “Not a Team Player” Comment Not Proof of Retaliation

By on November 6, 2019 in Retaliation

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  Jacomb v. BBVA Compass Bank, No. 18-11536 (11th Cir. 11/4/19) (unpublished).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 […]

“No, Thank You,” is Not Protected Activity

By on September 13, 2019 in Employment Discrimination, Retaliation

Ok, students in my employment discrimination law class, here’s a pop quiz.  “Would you like to go grab dinner with me?” said the boss to his subordinate employee.  “No, thanks,” responds the employee, “I don’t believe in mixing business with pleasure.”   A few weeks later, the employee is reassigned or terminated.  Was the employee’s rejection of […]

Documentation of Performance Issues Defeats Employee’s Claims of Retaliation

By on July 31, 2019 in Retaliation, Virginia Employment Law

Employers may find it concerning when their employees with performance issues also complain of workplace discrimination.  A recent decision out of the Eastern District of Virginia illustrates how progressive discipline, documentation of employee work performance problems, and investigation of employee workplace complaints can help protect employers in the long run.  Gooding-Williams v. Fairfax County School […]

Separation Code That Raises Red Flags Can Constitute Post-Settlement Retaliation

By on July 29, 2019 in Employment Discrimination, Retaliation

When serious problems in the workplace arise, a settlement and release that allows the employer and employee to go their separate ways often presents as an attractive resolution.  The employee can separate neutrally to look for a more suited work environment, while the employer can move on without fear of litigation.  Unless of course the […]

Some Fun Facts About The EEOC’s 2018 Charge Data

By 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 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. […]