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Showing 42 posts in Retaliation.

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District decision, employers faced with poor performing employees should carefully address and document such shortcomings to ward off potential Title VII charges. More ›

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness policies be reasonable and not deter or discourage employees from reporting injuries. Since that time, employers and lawyers alike have waited to see what types of policies OSHA would target under the new rule. The Department of Labor’s recent complaint filed in the Eastern District of Wisconsin sheds some light on that question. More ›

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of states, business, and trade associations, among others.  Texas courts have issued preliminary injunctions impacting the persuader rule, and most recently the DOL's new overtime rule.  More ›

Calling All Employers: Webinar Discussing OSHA's Final Rule on Reporting Workplace Injury and Illness Data

OSHA Webinar HeaderWorried about what the new OSHA Final Rule means for your company? Don’t worry – we’ve got you covered. If you are a business owner, in-house counsel, human resource policy decision-maker, employment and labor law specialist, or a front-line HR professional, you won’t want to miss our webinar on Wednesday, December 7th at noon Central.  Hinshaw Labor & Employment lawyers Aimee E. Delaney and Elizabeth Odian will walk
you through the revised OSHA regulations, their implications, and ways you can manage risk to your  organization. More ›

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing company of any duties to address discrimination or harassment in the workplace. More ›

Employee’s Inability to Meet Job’s Attendance Requirements Divests Her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before terminating an employee who cannot return to work after 12 weeks of FMLA leave. This is because courts across the country have held that additional leave may be a necessary reasonable accommodation under the ADA. The question then becomes, how much additional leave does one need to provide an employee before he or she is no longer protected by the ADA. More ›

EEOC’s Updated Retaliation Enforcement Guidance Seeks to Expand the Reach of its Anti-Retaliation Laws

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers. In fact, retaliation complaints make up nearly half of all discrimination charges filed with the EEOC today. Thus, it is critical that employers, their managers, supervisors, and employees understand who the laws protect and what constitutes retaliation.

On Thursday the EEOC sought to clarify these standards by issuing updated proposed enforcement guidance. The proposal is the first update to the EEOC’s Compliance Manual since 1998. The proposal was prompted by significant developments in the law and the marked increase of retaliation claims over the last eighteen years.

The 76-page proposal covers the definition of retaliation, the elements of a retaliation claim, interference claims under the Americans with Disabilities Act, remedies, and best practices.  Rather than summarize all of the above, I will highlight the most significant developments below. More ›

Supervisor's "Hitler" Comment not Enough to Create Hostile work Environment

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment. More ›

Seventh Circuit Finds that Naming EEOC Claimant in SEC Filing may have been Retaliatory

Celia Greengrass worked as an account executive for International Monetary Systems, Ltd. ("IMS"). In September 2007, Greengrass made an internal complaint about alleged harassment by a manager; two months later, she quit her job. In January 2008, Greengrass filed a complaint with the EEOC alleging sex discrimination, national origin discrimination, and retaliation.

In March 2008, IMS was due to make its annual SEC filings, which required it to disclose any material legal proceedings, including the principal parties, facts, and relief sought. Upon consultation with an outside accountant, IMS elected to not include Greengrass's EEOC complaint in the SEC filing information. IMC did, however, without naming the complainant, refer to a different EEOC complaint brought against the company. More ›

Eighth Circuit: Custodian Failed to Establish Constructive Discharge Following Wife's Public Comments

A school custodian’s hours and work assignments were changed six days after his wife spoke about eliminating the superintendent’s position at a school board meeting about budgetary issues. The custodian’s reassignment happened four days after the school district eliminated two part-time custodial positions that previously handled the work. The custodian resigned effective on the date his schedule was to change. He claimed that his working conditions were “uniquely intolerable,” in part because his new assignment required outdoor work and he was severely allergic to bee stings, although his doctor never recommended excusing the custodian from performing any outdoor duties. More ›

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