Written Comment In Self-Evaluation Form Provides Basis For Retaliation Claim

Randi Klein Hyatt
Randi Klein Hyatt
10/12/2012
In Tasciyan v. Medical Numerics, No. 8:11-cv-01467 (D. Md. Oct. 9, 2012), the federal trial court permitted Talin Tasciyan’s Title VII retaliation claim to proceed to a jury trial, finding that a jury must decide if her comment on a self-evaluation form, that she believed she had not been promoted because of her gender, was the reason for her termination.   The court noted that sufficient evidence of a causal connection existed because only three...
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Buttocks Slap Not Harassment; Complaint Not Protected Activity; Termination Not Retaliation. Really.

It is football season, so apparently it is time to revisit the issue of the workplace buttocks slap.  Justice Scalia noted in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), when discussing whether an employee might find certain workplace behavior “objectionably offensive,” that a professional football player would not be embarrassed or harassed if his coach smacks him on the buttocks as he heads out onto the field.  This same...
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ERISA’s Anti-Retaliation Clause Protects Unsolicited, Informal Internal Complaints

Randi Klein Hyatt
Randi Klein Hyatt
09/07/2012
Section 510 of the Employee Retirement Income Security Act (ERISA) protects employees from being fired, and other adverse employment actions, because the employee has complained about benefit issues.  The courts interpreting this retaliation protection have differed, however, on what is considered a protected complaint.  The Seventh Circuit Court of Appeals, in George v. Junior Achievement of Central Indiana, Inc., No. 11-3291 (7th Cir. Sept. 4,...
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