The Third Circuit holds, in a 2-1 decision, that an individual may be a "supervisor" for purposes of imputing liability to the employer vicariously for sex harassment if they are "tasked with creating a work schedule" for their subordinates.
The Eighth Circuit holds that a granary employee who complained about sex discrimination in her paycheck - only to have her manager initiate her layoff literally minutes later - was entitled to have a jury decide whether she suffered retaliation under the Equal Pay Act, Title VII and the Arkansas Civil Rights Act.
Have you ever interacted with a cashier, gardener, nail salon employee, call center worker, home health aide, parking attendant, or restaurant server? If so, chances are the person who provided you that service was an undocumented worker.
Wells Fargo. Bio-Rad. Volkswagen. Just three examples of corporations that, to their peril, either ignored or actively suppressed employee whistleblowers. They join countless other companies, large and small, that found out the hard way that a head-in-the-sand approach toward whistleblowers is not just unethical, but also poses grave threats to their bottom lines and public reputations.
Even just a passing glance at news headlines over the last few months reveals a troubling pattern: companies turning a blind eye when men who are important to the bottom line are accused of sexual harassment.
The Third Circuit on Tuesday took up the issue of causation, and the amount of proof a plaintiff must present, under two federal anti-retaliation laws. In Egan, the panel holds that employees may pursue FMLA retaliation claims under a mixed-motive theory, as supported by a Department of Labor regulation. In Carvalho-grievous, the court announces a lowered bar for establishing Title VII retaliation at the prima facie stage.
Last month, a federal jury in San Francisco awarded $8 million to a former general counsel for life sciences company Bio-Rad who was terminated after raising concerns about possible foreign Corrupt Practices Act (FCPA) violations by his employer. The verdict sent shockwaves through the legal community as it redefines the boundaries of general counsel privilege, and may spur others to act as whistleblowers themselves.
A Ninth Circuit panel holds, in a Title VII and Oregon state law case, that an employer's breaking into a work locker constitutes a materially adverse employment action. The panel also splits - 2-1 - over whether the employer failed to take appropriate steps to stop alleged racial harassment, and whether it disproportionately punished the plaintiff by firing him (for leaving the workplace) while taking no action against the harasser.
We often hear media reports about workplace discrimination involving gender, race, national origin, age, and disability that is all too common. But most Americans would be surprised to learn that each year thousands of employees are subjected to blatant and harmful discrimination simply because they are veterans or are currently serving in the Armed forces - and this discrimination harms our national security by discouraging participation in the National Guard and Reserve.
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final "Enforcement Guidance on Retaliation and Related Issues" ("Guidance") which details how the federal agency will enforce anti-retaliation laws. This Guidance is the first major update to EEOC enforcement policy on retaliation in nearly 20 years, and reflects changes in employment law over the last two decades, particularly several landmark U.S. Supreme Court decisions. The updated Guidance also adds specific language regarding retaliatory actions under the Americans with Disabilities Act.