Retaliation

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…

Under Federal law, retaliating against an employee for complaining of discrimination – or being a witness in another’s claim of employment discrimination – is prohibited. A recent case examined just how long between the time an employee complains about an action being discriminatory and when negative consequences occur supports a claim of retaliation. In Benuzzi v. Board of Educ.…

Imagine if your significant other was being discriminated at work and filed a complaint of harassment against your mutual employer. In response, the company fires you. Can you sue? A recent Supreme Court decision says – yes, in most situations. In Thompson v. North American Stainless, a man – Eric Thompson – was fired after his…

Many times people worry if they complain to their boss or supervisor about harassment, they may be retaliated against. In order to protect workers and encourage reporting, federal law makes it illegal to “retaliate” against employees who complain about discriminatory conduct. Retaliation includes negative employment actions such as firing, but also less obvious actions such as…

A recent case determined that an employer’s varying rationale for terminating a manager showed “pretext” sufficient to withstand a motion for summary judgment. In Eades v. Brookdale Senior Living Inc., a 42 –year-old man, David Eades – was fired from his job at a senior living center. Eades subsequently filed a lawsuit alleging violations of the Age Discrimination in Employment…

At the end of its 2009-2010 term, the U.S. Supreme Court agreed to review the circumstances under which a third party may bring an action for retaliation. Specifically, the Court has agreed to review whether a worker may bring a suit for retaliation based on his fiancée’s filing of a sex discrimination claim against their mutual employer. In Thompson…

What if what looks like a standard layoff is really hiding an illegal act, such as retaliation, against an employee? Retaliation may be hard to pin down, but it may be actionable if all of the facts line up. Basically, a retaliatory firing is one that occurs because the employee has complained of discrimination or…