For an employee to prove she was retaliated against, she must show she engaged in protected activity (e.g., filing a claim of discrimination with the EEOC), she was subsequently subjected to an adverse employment action, and causation. The causation part of the test is where temporal proximity (i.e., how quickly did the adverse action happen following the protected activity) comes into play.
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So far Sindy Warren has created 602 blog entries.
Yesterday President Obama issued an Executive Order prohibiting discrimination based on sexual orientation and gender identity.
Back in January I blogged about a Minnesota Vikings investigation into allegations made by former player Chris Kluwe that he was let go based on his pro-gay marriage stance
Yesterday the EEOC released a new Enforcement Guidance on Pregnancy Discrimination (see here).
A couple of weeks ago the U.S. Supreme Court decided the Noel Canning case, which undid a slew of NLRB decisions (I blogged about it here). How is the NLRB responding?
For business owners, HR professionals and managers, dealing with employee performance issues is an inevitable part of the job. There are two guiding principles to follow when it comes to managing employee performance: communication and documentation. They are fairly simple concepts, but the hard part is putting them into practice consistently. Communication: If an employee is [...]
Back in May I blogged about an employee who was fired for stealing a bag of chips from Walgreens.
Many of us HR and employment law types have been waiting for the Supreme Court's decision in the Noel Canning case, in which the D.C. Circuit Court of Appeals help that President Obama's January 2012 recess appointments to the National Labor Relations Board were improper (not because recess appointments are improper in general, but because [...]
If not, now would be a good time. FLSA suits are at an all-time high, according to the Federal Judicial Center.
What happens when a CEO lets an employee post naked pictures of a former employe who sued him for harassment?
He's out, especially if his name is Dov Charney and he founded American Apparel.
f not, it may be time for some training. The basic rule is that an employer has a legal obligation to protect its employees from harassing behavior from anyone, even third parties such as customers and vendors.
The duty to reasonably accommodate religious beliefs does not mean the employer must accept the employee's proposed accommodation.
Decision-maker’s ageist remark leads to jury trial, despite evidence that the employment action had nothing to do with age
Earlier this month the D.C. Circuit Court of Appeals sent an age discrimination case to a jury, despite the fact that the employer had a legitimate, non-dscriminatory reason for its employment action
The ADA requires employers to provide reasonable accommodations, including leaves of absence, to qualified individuals with disabilities unless doing so would result in an undue hardship.
Can you guess what happened? An EEOC lawsuit followed by a settlement, that's what.
Nick Aguirre was a car salesman in Arizona.
There is no requirement under either federal or state law that requires employers to provide break periods (except for minors).
There has been an increase in state law claims for assault and battery in the workplace.
Things that make you go hmm: female HR rep gets male employee fired because he rebuffed her sexual advances
Sometimes facts are more interesting than fiction.
The Law School Admissions Council (LSAC) administers the LSAT - the prerequisite to aspiring lawyers everywhere to get into law school.
A recent NLRB case stretched the limits of my credulity (and I've been pretty stretched out by the Board's rulings the past couple of years). The case involves a Hooter franchise in California.
You probably know you are legally required to have a "harassment prevention plan."
When it comes to the whirlwind surrounding New York Times Executive Editor Jill Abramson's abrupt firing, it seems to some that the answer is "yes."
While it seems like the answer to this question should be a resounding "no," a recent case against Walgreens shows that sometimes, permitting employee theft may actually be a reasonable accommodation.
When employees exhibit behavior problems, it can be tempting to label them with psychiatric terms (e.g. bipolar, narcissistic, OCD, schizophrenic).