Retaliation
Retaliation May be Easier to Prove Than Discrimination
Federal anti-discrimination law such as Title VII of the Civil Rights Act of 1964 protects against various forms of discrimination. This includes prohibitions against sex, race, gender, religion and national origin. One of the ways the law protects you is that it not only forbids taking these factors into consideration when making employment related decisions,…
Read MoreCan I Get Fired for What I Say on Social Media?
While having your parents on social media following your accounts might be widely considered as embarrassing, having your employer or boss do the same can be far worse. Everything you say on Facebook, Twitter, and other popular websites and applications can come back to bite you, especially if it directly insults your workplace or is…
Read MoreDellinger v. Science Applications International
In a recent court of appeals decision out of the Fourth Circuit, the court determined that while current and former employees are entitled to protection from retaliation under the Fair Labor Standards Act FLSA, prospective employees are not entitled to the same protection. In Dellinger v. Science Applications International, the 4th Circuit evaluated a woman’s…
Read MoreIf You Complain To Your Employer About Overtime Pay Violations, Are You Protected From Retaliation?
The federal Fair Labor Standards Act (FLSA) provides certain basic rights to almost all workers in the United States. You are entitled to earn minimum wage, and all non-exempt workers must be paid overtime wages at a rate of one and one-half times their regular rate of pay for all hours worked in excess of…
Read MoreRetaliation Leads Employment Discrimination Claims
Employment discrimination can take many different forms. Often, sex discrimination or race discrimination comes to mind when people think about what actions are considered discrimination. However, several different types of actions may be considered discriminatory. Recently, the Equal Employment Opportunity Commission (EEOC) released its numbers concerning the top complaints of workplace discrimination. According to the…
Read MoreFiring Employee Day After Complaining Of Sexual Harassment May Be Grounds For Retaliation
Often, workers fear complaining about work place harassment because they think they may be fired or face retaliatory conduct. The good news is that federal and state anti-discrimination laws have been written to protect employees from just that type of conduct. In fact – retaliation claims may be easier to prove than the underlying discrimination…
Read MoreRetaliation For Complaining About Misclassification May Violate The FLSA
One of the goals of the Fair Labor Standards Act (FLSA) is to provide minimum protections to workers, such as minimum wage and overtime pay. In order to ensure that the workers can assert their rights, the FLSA also protects them from retaliation. “Retaliation” refers to actions taken by your employer that negatively affect your…
Read MoreDerogatory Comments By Manager Could Be Grounds For Claim of Retaliation
A recent case evaluated whether alleged comments by a white human resources manager could be used as evidence to support a claim for retaliation. In Willis v. Cleco Corp., a black worker – Gregory Willis – filed a race discrimination and retaliation claim based on his alleged termination as the result – in part – of…
Read MoreA Claim For Retaliation May Exist Where A Friend Is Fired
While most people are aware that it is illegal to discriminate on the basis of sex, race or religion, many people do not realize that it is also against the law to retaliate against someone who makes such claims. This is true even if a court doesn’t find that discrimination occurred. If you are subjected…
Read MoreRetaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred
Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your employer against employees for complaining about discrimination in the workplace. This is necessary in order to ensure that workers don’t fear speaking…
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