Home  »  Archives

Retaliation

Ministerial Exception to Employment Discrimination Laws Upheld by Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C.

Written on 11 Jan, 2012 at 22:50

Supreme Court held under ministerial exemption church firing of teacher who is "minister" is not subject to employment discrimination law. ... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)

Supreme Court Implies Retaliation Prohibition Twice in One Day

Written on 28 May, 2008 at 0:19

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... (Continue reading)

Supreme Court Retaliation Decision: How Much Difference Will it Make when the Dust Settles?

Written on 26 Jun, 2006 at 23:25

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... (Continue reading)

Discrimination Proof 101 — Indirect Evidence Prima Facie Case

Written on 18 May, 2006 at 9:58

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,... (Continue reading)

Supreme Court Hears Argument in Retaliation Case

Written on 18 Apr, 2006 at 23:03

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... (Continue reading)

How Can A Plaintiff Establish Unlawful Retaliation, Yet Win No Damages?

Written on 11 Apr, 2006 at 22:08

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... (Continue reading)

Top 6 Things You Should Know About Employment Law

Written on 7 Mar, 2006 at 12:10

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... (Continue reading)

HR/Employment Blogosphere Update for December 12, 2005

Written on 12 Dec, 2005 at 13:17

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... (Continue reading)

High Court to Hear Workplace Retaliation Case

Written on 6 Dec, 2005 at 19:05

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... (Continue reading)

Don’t Fight Back! Avoiding Retaliation Claims

Written on 20 Sep, 2005 at 9:39

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... (Continue reading)