It has been annual review season here at Squire Patton Boggs. Looking back over my efforts this year in the usual endeavour to justify my own existence, I have spotted the same scenario cropping up with unusual frequency. An employee tells their employer that they have experienced something at work that they are not too … Continue Reading
In earlier posts on this blog you will find a handful of cases which consider the distinction between the fact of a protected whistle-blowing disclosure and the manner of it. Accepted wisdom, thanks in part to the unimprovable words of then Mr Justice Underhill in Martin -v-Devonshires Solicitors here is that an employer can in … Continue Reading
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8: Retaliation. As the title clearly implies, the guidance primarily sets forth the Agency’s evolving interpretations of the law of retaliation. It also focuses on the … 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
Late in January 2013, the United States Supreme Court refused to hear a case, Brush v. Sears Holding Corporation, involving an employee who alleged that she was terminated in retaliation for criticizing her employer’s treatment of another employee’s sexual harassment claim. Consequently, the Eleventh Circuit’s decision [pdf] stands. The Court of Appeals found that complaining … Continue Reading
The Sarbanes-Oxley Act [pdf] (“SOX”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) both include protections for employees who blow the whistle on corporate fraud. One question that remains unsettled is whether employees who are outside the United States can sue for retaliation if they are terminated in retaliation for reporting … Continue Reading
Under Ohio Revised Code §4123.90, a former employee must provide written notice of a potential workers’ compensation retaliation claim against his former employer within 90 days of the discharge. However, a recent decision by the Ohio Supreme Court, Lawrence v. Youngstown [pdf], provides a narrow exception to this rule and allows former employees to provide … Continue Reading
