FrigidMany of us are currently buckling in for a frigid holiday weekend (except for the lucky folks down in the south and southwest).  However, recent data issued by the U.S. Equal Employment Opportunity Commission (EEOC) shows that charges of discrimination continue to remain white hot (despite the temperature).  For the 2015 fiscal year, the EEOC 

Ealier we published an alert just minutes after the Supreme Court handed down two significant Title VII decisions giving pro-business groups a clear victory, and dividing predictably along partisan lines — the five Republican-appointed justices in the majority and the four Democratic-appointed justices collaborating on dissents.  Because we did not yet have copies of the

A UK employer provided a negative employment reference because an employee who had been fired had filed a discrimination claim.  Was this retaliation, or as it is known in the UK, “victimization,” under The Equality Act 2010

No, said the UK courts – the law does not cover post-employment acts of the employer, even acts of

This Utah company must be the poster child for the “worst practices” award: a company supervisor repeatedly called a class of African-American employees racial slurs such as the “N-word;” the company had an anti-harassment policy which directed employees to report harassment to their harassing supervisor; and the company fired one of the employees for complaining.

"Any employment discrimination problem — sexual harassment or anything else — can always be made worse and more injurious to the conduct of the employer’s business. Retaliation is guaranteed to do that. It never makes sense, it is never good for business, and it is always illegal."  This is from an EEOC lawyer quoted in our

We warned last May about using “last-chance agreements.”  We highlighted the case of EEOC v. Cognis Corp..  In that case, plaintiff was a longtime employee who, as a condition of continued employment, was required by the employer to sign a “last-chance” employment agreement, in which he waived his right to file any discrimination charge

In our practice we have received a number of inquiries over the years from employers whose departing employees executed severance agreements and then turned around and filed discrimination charges against them with the EEOC, or sued them.  Does this breach the severance agreement?  Can an employee who receives severance file such a charge? Can the

The short answer is “no,” because the employee’s prima facie case of retaliation can be rebutted by showing a legitimate, non-retaliatory reason for the termination.  

 

 

As our readers are well aware, retaliation is far easier to prove than any underlying discrimination and that even if the underlying claim of discrimination has no merit,