Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The 8th U.S. Circuit Court of Appeals recently reinstated a female office worker’s equal pay retaliation claim that had been dismissed by a federal district court, and is allowing that case to move
The Family and Medical Leave Act (FMLA) makes it unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise” an individual’s rights under the FMLA, or to retaliate against an employee for the exercise of rights under the FMLA. However, according to at least one federal appellate
According to a federal judge in Pennsylvania, employees are not entitled to the job restoration protections of the FMLA after the statutory leave has expired, even where the employee has received permission from the employer to extend that leave. Wevodau v. Commonwealth of Pennsylvania, et al, 2017 BL 1246 (MDPA, January 4, 2017).
Kevin Wevodau,
Retaliation claims are asserted in nearly half of the charges received by the Equal Employment Opportunity Commission (EEOC), according to its Chair, Jenny Yang, and now comprise the most frequently alleged basis of discrimination. On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. The guidance, which replaces the
Does an individual have to be disabled in order to bring a lawsuit under the retaliation provision of the Americans with Disabilities Act (ADA)? The 6th U.S. Circuit Court of Appeals says No.
In a recent unpublished opinion, that court reversed a lower court’s dismissal of an ADA retaliation claim, pointing out that an
The federal Occupational Safety and Health Administration (OSHA) works to ensure safe and healthy conditions for working men and women on a national basis, by both setting and enforcing workplace standards, and by providing training, education and assistance to employers and employees, when necessary or requested. The agency also enforces the whistleblower protection provisions of
According to the 4th U.S. Circuit Court of Appeals, evidence of previously unknown poor performance is sufficient basis for an employee’s, even if that evidence is discovered during that employee’s Family and Medical Leave Act (FMLA) leave.Mercer v. The Arc of Prince Georges County, Inc., 4th Cir., No. 13-1300, unpubl., July 11, 2013.
While Title VII’s anti-retaliation provision does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an action that might dissuade a reasonable employee from making or supporting a discrimination charge. Recently, the 7th U.S. Circuit Court of Appeals reviewed the retaliation claim of an
The 11th U.S. Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from Family and Medical Leave Act (FMLA) leave created an issue of material fact that required a jury to determine whether
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and or termination of an employee who has requested or is on FMLA leave. The 10th U.S. Circuit Court of Appeals recently upheld the dismissal of an individual’s interference and retaliation claims in
