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Supreme Court Implies Retaliation Prohibition Twice in One Day
As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also prohibit retaliation for opposing such discrimination, though it contains no reference whatsoever to retaliation.
The decisions are not earthshaking in their practical impact. But they are noteworthy for showing solid Supreme Court majorities willing to: (1) decide employment cases in favor of employees; (2) look well beyond a conservative text-based reading of a law; and (3) apply Supreme Court decisions decided by earlier, more liberal Courts, even if they do not agree with such decisions.
Supreme Court Retaliation Decision: How Much Difference Will it Make when the Dust Settles?
I have twice written on the background leading to last week’s Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White, the retaliation case involving a female forklift driver:
“High Court to Hear Workplace Retaliation Case”
“Supreme Court Hears Argument in Retaliation Case”
Having missed my chance to be the first to blog about the [...]
Discrimination Proof 101 — Indirect Evidence Prima Facie Case
Often I read a new decision by a federal court of appeals and the outcome seems to be such an obvious application of well-established principles of employment law that I wonder why the case was even appealed.
In significant part, this impression is created by the court, as it takes a large factual record and writes [...]
Supreme Court Hears Argument in Retaliation Case
Yesterday, the Supreme Court heard oral argument in Burlington Northern & Santa Fe R. Co. v. White, which we previewed in an earlier post, when the Court granted cert.
At that time, I was commenting based on media reports on the case and opposing views of its significance. Today, I not only read [...]
How Can A Plaintiff Establish Unlawful Retaliation, Yet Win No Damages?
A recent case decided by the 8th Circuit U.S. Court of Appeals illustrates what a high stakes gamble an employment case trial is for both sides.
A wide range of outcomes are possible. These include a defense verdict that is a pretty hollow victory for the employer by the time it has paid [...]
Top 6 Things You Should Know About Employment Law
Although written with corporate counsel in mind,these 6 important items about employment law seem to be relevant to any HR manager or even line manager, for that matter.
In what I think is a nicely written employment law article from law.com’s in-house counsel online website, a lawyer lists the six key employment laws, and most [...]
HR/Employment Blogosphere Update for December 12, 2005
Hopefully, this week’s update brings a little something for everyone, starting with this delightful winter photo entitled “A Snow Angel.”
This great pic attracted many comments on flickr, including: “It brings me right back to being a small child bundled up in a huge snowsuit and being incredibly excited about the snow” and “It [...]
High Court to Hear Workplace Retaliation Case
The Supreme Court has granted certiorari in a retaliation case involving the Burlington Northern & Santa Fe Railway.
As reported by Linda Greenhouse of The New York Times, the case raises the issue of whether transferring a woman working in a rail yard maintenance department from her forklift assignment to the less desirable position of [...]
Don’t Fight Back! Avoiding Retaliation Claims
Retaliation claims go with discrimination charges like ______ ? goes with _______ ?
Well, I’m not too sharp with the analogies this morning. But the point is that a retaliation claim is a frequent accompaniment to a discrimination claim, sometimes being the stronger, sometimes the weaker, of the claims.
Retaliation prevention [...]
