On April 22, the Sixth Circuit Court of Appeals issued a decision that clarifies that, for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct constitutes protected activity under the statute. Affirming the findings of several district courts in the circuit, the appeals court held that … Continue Reading
On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) has released its annual statistical report detailing charge filing activity in 2014. The EEOC, the federal administrative agency which investigates and prosecutes claims of employment discrimination, harassment, and retaliation under a number of employment and civil rights statutes, reported 88,778 charges filed in 2014, down from 93,727 charges filed … Continue Reading
A doctor friend of mine once mentioned to me that it is often the throwaway comments a patient makes at the end of a consultation, when he is already halfway through the door, that can indicate a very serious condition. Why does the patient wait until the very end to disclose this information? Is it … Continue Reading
1. Mind your tongue. Racial slurs and comments are never appropriate in the workplace and never when used by the boss. Failing to take action when you learn of employees at any level using racial or ethnic slurs undermines efforts to create a harassment free environment and opens the door to serious liability. 2. Pay people fairly. … Continue Reading
On June 24, the Supreme Court issued two significant, employer-friendly decisions which effectively raised the bar for employees pursing retaliation and harassment claims under Title VII. University of Texas Southern Medical Center v. Nassar In a sharply divided 5-4 ruling, the Court held in University of Texas Southern Medical Center v. Nassar, No. 12-484 that … Continue Reading
An employer retaliating against the maker of a race discrimination complaint will be guilty of victimisation unless the complaint is untrue and made in bad faith. But what if the complaint is made negligently? Is that bad faith? A good example of a negligent race discrimination allegation appeared in last week’s London Evening Standard concerning … Continue Reading
The U.S. Court of Appeals for the Fourth Circuit, in Richmond, Virginia, recently held that the anti-retaliation provision of the Fair Labor Standards Act [pdf] does not apply to an unsuccessful applicant for employment. In Dellinger v. Science Applications Int’l Corp., a job applicant claimed that a prospective employer extended her a job offer subject … Continue Reading
As previously reported in Squire Sanders’ Sixth Circuit blog, the Supreme Court recently ruled that oral statements made to an employer regarding wage and hour violations are sufficient to trigger the anti-retaliation provision of the Fair Labor Standards Act (FLSA). Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (March 22, 2011). Thus, employees are not … Continue Reading
