Retaliation
Retaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred
Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your employer against employees for complaining about discrimination in the workplace. This is necessary in order to ensure that workers don’t fear speaking…
Read MoreWhat Constitutes Retaliation In A Fair Labor Standards Act Case?
The Federal Fair Labor Standards Act (FLSA) provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. Pursuant to the FLSA, employers must pay workers at least minimum wage ($7.25/hour, although in some states the wage is higher) and pay all non-exempt workers overtime compensation for time worked in excess of…
Read MoreMan Fired After Complaining About Clocking In May Maintain Lawsuit For Retaliation
According to a recent federal lawsuit, a worker who kept forgetting to punch in for work but had an excellent attendance record showed could bring a claim for retaliation under the Fair Labor Standards Act (FLSA). In Kasten v. Saint-Gobain Performance Plastics Corp., a worker – Kevin Kasten – kept forgetting to clock in and…
Read MoreWhat Is Illegal Retaliation Under The Fair Labor Standards Act?
Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions. The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation…
Read MoreActions That Create A Hostile Work Environment May Be Grounds For A Retaliation Lawsuit
In a recent employment discrimination case, the U.S. Court of Appeals for the 11th Circuit determined that employees who experience a hostile work environment may file and maintain claims of retaliation under Title VII of the Civil Rights Act of 1964, a federal law that prohibits employment discrimination in the workplace. Title VII prohibits discrimination…
Read MoreEmployees May Be Held Personally Liable For Retaliation
In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking unapproved leave. Smith had fired race discrimination and retaliation charges against the company, his former supervisor and…
Read MoreRejection Of Sexual Advances May Be Basis Of Claim For Retaliation
Federal employment laws prohibit many forms of discrimination, including religious, sex and race discrimination. Employers are also prohibited from retaliating against workers who complain about discrimination. A recent case looked at what actions could support a claim for retaliation under Title VII. In Hilton v. Shin, a woman – Glynese Hilton – was fired after she…
Read MoreFemale Police Officer Retaliation Award Upheld
A recent case upheld a $417,955 jury verdict award in a sex discrimination retaliation case. In Lore v. Syracuse, a female police officer – Therese Lore – filed a sex discrimination case claim after she had replaced in her position as a Public Information Officer with the City of Syracuse. Federal law provides that a sex…
Read MoreJury Awards Physician $7.6 Million In Retaliation Lawsuit
Recently a federal jury awarded a pathologist a $7.6 million retaliation verdict. In Renta v. Cook County, a jury determined that a health agency had retaliated against a physician – Dr. Vivian Renta – after she complained about substandard hospital policies and the quality of care patients were receiving. The verdict represents damages for back pay,…
Read MoreThreats To Close Friend May Constitute Retaliation in Ali v. District of Columbia
In a recent case interpreting just what constitutes actionable retaliation as set forth in Thompson v. North am. Stainless LP, the U.S. District Court for the District of Columbia concluded that threats made by a Muslim firefighter’s supervisors could also be intended as a serious threat to the firefighter’s co-worker/close friend and as a result, constitute a…
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