Supreme Court Watch: Part 2
The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming argument in Kasten v. Saint-Gobain Performance Plastics...
View ArticleSupreme Court Watch: Part 3
The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming Kasten v. Saint-Gobain Performance Plastics Corp., in which...
View ArticleA Unanimous Supreme Court – What a Concept
In an all too rare unanimous ruling (save for Justice Kagan, who recused herself), the U.S. Supreme Court has held that the anti-retaliation provision of Title VII extends to employees who are in the...
View ArticleBusiness Is Booming . . . for the EEOC, Anyway
Many employers continued to face financial challenges in 2011. But business is booming for at least one group. The EEOC received a record number of complaints last year–almost 100,000 in all. Almost...
View Article3d Cir. Issues a Bitchin’ Constructive Discharge Decision
Sexual harassment, retaliation, and constructive discharge. The trifecta of employment-discrimination claims. And all three were the subject of a recent decision from the 3d Circuit. The decision...
View ArticleManager’s Drunk Facebook Post Leads to Retaliation Claim
Readers may recall the case, Stewart v. CUS Nashville, LLC, which is one of the few opinions on the discoverability of a party’s social-media account. There were at least a couple of interesting issues...
View ArticleU.S.S.C. Clarifies the Applicable Standard for Retaliation Claims
In United Texas Southwestern Medical Center v. Nassar, the Supreme Court ruled that the anti-retaliation provision of Title VII requires “but-for” causation. In other words, an unlawful reason has to...
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Delaware Gov. to Sign Law Expanding Retaliation Protection for Whistleblowers
Delaware Gov. Jack Markell signed into law legislation that expands the protections provided to employee-whistleblowers. H.B. 300 extends whistleblower protections to employees who report...
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You’re Fired! Is Flipping Off the Presidential Motorcade Grounds for...
Juli Briskman, a Marketing Analyst for Akima LLC, was forced to resign from her position in October 2017 following her flipping off a Trump Motorcade. Ms. Briskman thought she was legally exercising...
View ArticleThird Circuit Ruling Regarding ADA, FMLA
From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an...
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