Tag Archives: Retaliation

EEOC Issues New Retaliation Guidance

For the first time since 1998, the Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance on retaliation. Retaliation claims have been a growth industry over the last 18 years. Back in 1998 retaliation claims constituted 24 percent of all EEOC claims, behind both race and sex charges. Since then, however, retaliation has become … Continue reading this entry

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting chestnuts from a fire for the pair to eat. However, as the cat removes the … Continue reading this entry

EEOC’s Proposed Retaliation “Guidance” Muddies the Waters for Employers

For the first time in 18 years, the Equal Employment Opportunity Commission (EEOC) has offered proposed revisions to its official guidelines on workplace retaliation. In its proposed revisions, the agency expresses a very broad view of what constitutes actionable retaliation under the applicable equal employment laws. One of the most noteworthy revisions is that the … Continue reading this entry

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that confronts them often – what to do under federal (and potentially state) statutes requiring reasonable accommodation … Continue reading this entry

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