Recent Blog Posts
Does The Americans With Disabilities Act Protect Employees From Retaliation If They Are Not Disabled?
Under the Americans with Disabilities Act (ADA) employers are prohibited from discriminating against employees on the basis of disability. Under the ADA, employers are also obligated to provide employees with reasonable accommodations for their disability. To preserve the availability of these rights, and to enforce them, the ADA contains an anti-retaliation provision. Under the… Read More »
Are Employees Protected From Retaliation When They Oppose Sexual Harassment Against Customers?
Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer may not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, national origin, sex, or religion. To preserve the availability of these rights, and to enforce… Read More »
Is An Employee’s Failure To Report Sexual Harassment Excused By A Fear Of Retaliation?
An employer’s liability for sexual harassment depends on whether the harasser is a co-worker or a supervisor of the victim. When the harasser is a supervisor and the harassment culminates in the taking of a tangible employment action against the victim, such as hiring, failing to promote, or a reduction in pay, the employer… Read More »
Are Employees Protected From Retaliation When They Make An Informal Complaint Of Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from sexual harassment that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile work environment. To enforce Title VII’s protection against sexual harassment, Title VII contains anti-retaliation provisions. Under Title VII’s anti-retaliation provisions,… Read More »
Can An Employer Maintain A Policy Of Allowing Customers To Select Servers On The Basis Of Race?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits racial discrimination by an employer against any individual with respect to his or her compensation, terms, conditions, or privileges of employment. Under well-established law, racial harassment is a form of race discrimination prohibited by Title VII. Consequently, employers have an obligation to… Read More »
Can An Employer Refuse To Hire An Employee Because She Might Become Pregnant?
The Pregnancy Discrimination Act of 1978 (PDA) protects women from discrimination on the basis of pregnancy, childbirth, or related medical conditions. The PDA does not simply prohibit an employer from discriminating against a woman because of her current pregnancy. Rather, as the U.S. Supreme Court ruled in International Union, UAW v. Johnson Controls, Inc.,… Read More »
Are Employees Protected From Retaliation When A Parent Makes A Sexual Harassment Complaint On Their Behalf?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from sexually harassing behavior that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile work environment. In order to protect employees from sexual harassment and enable employers to prevent sexual harassment,… Read More »
Employee Claims Age Discrimination Where Supervisor Who Fired Him Said He Needed To Retire
Under the Age Discrimination in Employment Act (ADEA), an employer may not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age. As explained by the U.S. Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 613 (1993), “Congress’ promulgation of… Read More »
Must An Employee’s Work Environment Reach The Point Of “Hellishness” To Create A Hostile Work Environment?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from discrimination on the basis of sex. Sexual harassment is a form of sex discrimination in violation of Title VII. In Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986), the U.S. Supreme Court held that sexual harassment… Read More »
Federal Appellate Court Revives Florida Woman’s FMLA Lawsuit
After a trial court granted summary judgment in favor of her employer, a federal appellate court revived the claims of a Florida woman for alleged violation of the Family and Medical Leave Act (FMLA). Read on to learn about the case and the necessary elements of a successful FMLA retaliation claim, and contact an… Read More »
