Retaliation Archives - Page 3 of 5 - Kollman & Saucier P.A.

Some Fun Facts About The EEOC's 2018 Charge Data

Kollman & Saucier

04/12/2019

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 charge filings in 2010 (99,922 charges). Because charge filings tend to flow with the relative strength of the...

Kollman & Saucier

12/11/2018

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. International Paper Co., No. 17-2241 (4th Cir. 2018), added to...

Kollman & Saucier

11/19/2018

Retaliation

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 (4th Cir. 11/15/18). The case arose when Catherine Netter, a 19-year veteran of the Guilford County, North Carolina Sheriff's...

Kollman & Saucier

08/24/2018

FMLA, Retaliation

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 for one reason or another (too busy, forgot, not enough staff and need to keep her...

Kollman & Saucier

08/15/2018

Business Law, Retaliation, Sexual Harassment

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 First Circuit in Carlson v. Univ. of New England, No. 17-1792 (1st Cir. 8/10/18). In this...

Kollman & Saucier

07/24/2018

Employment Discrimination, Retaliation

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 race and her former employer knew that she was complaining about conduct that possibly violated Title VII. The City of Laurel hired...

Kollman & Saucier

07/13/2017

Race Discrimination, Retaliation

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 recent decision affirming summary judgment against former Cracker Barrel employee Beatrice Lovett (African-American) on her Title VII and Section 1981...

Kollman & Saucier

12/01/2016

Agency Activity, Retaliation, Workplace Safety

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 judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...

Kollman & Saucier

11/11/2016

Retaliation, Workplace Safety

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 not insulate him from employment decisions based on legitimate reasons. Michael Koziara worked for...

Kollman & Saucier

09/16/2016

Employment Discrimination, Retaliation

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 information from a non-supervisory employee could similarly trigger employer liability. The United...

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Some Fun Facts About The EEOC's 2018 Charge Data

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

Employee Who Copies Personnel Records Loses Retaliation Claim

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.

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

An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity

Fourth Circuit Puts Employee’s Retaliation Claim Over A Barrel

OSHA's New Reporting Rules Take Effect

BNSF Railway Vindicated In Employee Termination Decision

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

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Category: Retaliation

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