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
Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement
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…
According to Andersonvalleypost.com, the EEOC has just settled for $95,000 a national origin discrimination and retaliation claim brought in California on behalf of an employee of Egyptian descent against…
According to an EEOC complaint filed in court in Illinois yesterday, an employee subjected to hostile, abusive and lewd comments in the workplace who complained repeatedly to management was fired…
Continue Reading EEOC Warns Employers That Retaliation Always Makes Things Worse
The ADA forbids employers from requiring medical examinations unless they are job-related. In a significant new decision, a federal appeals court yesterday has held that psychological counseling may be considered…
Continue Reading Under The ADA, Psychological Counseling May Be A Prohibited “Medical Examination”
The EEOC has just announced that it has succeeded in winning a rare summary judgment motion on behalf of an employee who claimed that he was unlawfully retaliated against by…
For the title of this blog I’ve taken some liberties with the original dialog from the Wizard of Oz (for the actual dialog click here). If, when you hear these…
Continue Reading ADA? and FMLA? and Workers’ Compensation? – Oh, My!
If you thought that “code words and dog whistles” (see our blog of March 20, 2012) were the only remnants of employment discrimination 50 years after Title VII, listen …
Continue Reading Blatant Racism is Alive And Well in The US Workplace
Is it just me who was disappointed in the Desperate Housewives case filed by Nicolette Sheridan? I’m not talking about the mistrial, I’m talking about the utter lack of…
The National Labor Relations Board (NLRB) recently issued a decision interpreting the United States Supreme Court (“SCOTUS”) decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) as…
Continue Reading NLRB Decision: Hell Hath No Fury Like a Board Scorned
Statistics released recently by the EEOC show, as employment practitioners already intuitively knew, that retaliation claims have skyrocketed so that now they are the most frequently filed EEOC claim against…