Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Retaliation

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Feb. 3 at Faruqi sex harassment trial: It’s up to the jury now

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here. In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get [&hellip… Continue Reading

Jan. 28 at Faruqi sex harassment trial: The defense rests.

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The defense completed its case yesterday at the trial of Alexandra Marchuk’s sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here. Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not [&hellip… Continue Reading

You’ve gotta be kidding. THIS is retaliation?

Posted in Retaliation
Guess what? You know those SEC disclosures about pending litigation that publicly held companies are required by law to make? Well, if an employer says too much, it may be “retaliating” against the litigants. I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by [&hellip… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially [&hellip… Continue Reading

Employment law advice you should never follow

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence
Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to [&hellip… Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers… Continue Reading

Transportation employers, can you survive the federal audit “tag team”?

Posted in Retaliation, Safety, Transportation Industry
David Smith of Constangy’s OSHA practice group is co-author of this post. The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation. And last week, OSHA ordered [&hellip… Continue Reading

You can’t fix stupid: Employment law edition

Posted in Discrimination, Off-Duty Conduct, Retaliation
You can’t fix stupid. Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for posting about homophones on an educational blog, which the director allegedly believed was [&hellip… Continue Reading

Stupid “discrimination” complaints: How should an employer handle?

Posted in Discrimination, Harassment, Retaliation
A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized email, but it accurately presents the spirit of her concern. Dear Robin, I am a Human Resources director for a government employer. You won’t [&hellip… Continue Reading

EEOC approves Strategic Enforcement Plan, adds equal pay to list of priorities

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Harassment, Retaliation
The EEOC has adopted a Strategic Enforcement Plan for 2013-16, with priorities that include systemic discrimination, retaliation, and equal pay, and expansive interpretation of the ADAAA and the laws prohibiting sex discrimination as applied to pregnancy and LGBT rights… Continue Reading