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Appeals › Human Resources Professionals › Retaliation

Constangy, Brooks, Smith & Prophete, LLP

The key to retaliation claims: Timing, timing, timing!

Constangy, Brooks, Smith & Prophete, LLP on

Did I remember to mention "timing"? Retaliation claims have been the hottest at the U.S. Equal Employment Opportunity Commission for many years. Part of that is because every law that the EEOC enforces has an...more

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

Holland & Hart - Employers' Lawyers on

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

Hinshaw & Culbertson - Employment Law... on

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

Butler Snow LLP on

Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

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