Tag: retaliation

EEOC

Tennessee Federal Court Finds Title VII Doesn’t Prohibit Sexual Orientation Discrimination

As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. An East Tennessee federal district court recently concluded that it doesn’t. In the case before the court, a woman claimed she was fired […]

harassment

Office Romances: Fallout from Breakup Can Cause Headaches Down the Road

The federal district court of Minnesota recently heard a case regarding sexual harassment after the breakup of a consensual sexual relationship between an employee and her supervisor. The supervisor allegedly was displeased with the breakup and was unsuccessful in restarting the relationship, and a tense work environment ensued. The court ultimately held that the allegations […]

fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

When Is a Discrimination Complaint against a Manager an Act of Harassment?

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.

FMLA

The FMLA and Intermittent Leave: Proceed with Caution

A federal judge in Shreveport, Louisiana recently allowed a former employee’s Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was terminated for an alleged attendance policy violation during his previously approved intermittent leave.

Discrimination Against Breastfeeding Employee Leads to Jury Verdict

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]