Tag Archives: Retaliation

A Negative Job Reference Can Lead to a Claim of Retaliation

Providing negative job references to prospective employers about one of your former employees could constitute unlawful retaliation in violation of the Americans With Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and similar anti-discrimination laws.… Continue reading this entry

Avoiding Liability for Retaliation

Retaliation claims are proliferating and are unlikely to subside anytime soon. The EEOC reported that in its last fiscal year, retaliation claims were the most common type of claim asserted in new charges. Some 36 percent of the nearly 100,000 charges filed with the EEOC in its FY 2010 asserted a claim of retaliation. During … Continue reading this entry

Fired Fiancé Fuels Retaliation Claim

In an 8-0 decision last week, the U.S. Supreme Court expanded the law on unlawful retaliation when it handed down its decision in Thompson v. North American Stainless, LP. The facts of this case were straightforward. Eric Thompson and his fiancée, Miriam Regalado, were employees of North American Stainless (NAS). In February 2003, the EEOC … Continue reading this entry

The "R" Word: Are You Taking Steps to Avoid Future Retaliation Claims?

A recent case illustrates the importance of taking steps to protect your company from potential retaliation claims. Ms. Danielle L. Pickett, a former employee and a housekeeper at a nursing home, claimed that she had been fired in retaliation for repeatedly complaining about being sexually harassed by nursing home residents. Shortly after complaining about being “cornered … Continue reading this entry