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Retaliation Employment Litigation Employer Responsibilities

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Amundsen Davis LLC

Extended, Indefinite Leave Request Is Usually NOT a Reasonable Accommodation

Amundsen Davis LLC on

A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...more

Dorsey & Whitney LLP

Top U.S. Employment Law “Gotchas” for Canadian Companies

Dorsey & Whitney LLP on

As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

Parker Poe Adams & Bernstein LLP

Employers Should Avoid Promises to Employees About Off-Premises Security

How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Jackson Lewis P.C.

Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

Jackson Lewis P.C. on

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Troutman Pepper Locke

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

Troutman Pepper Locke on

The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any...more

Constangy, Brooks, Smith & Prophete, LLP

Social media tip for employers: SHUT UP!

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not...more

Parker Poe Adams & Bernstein LLP

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

Mandelbaum Barrett PC on

A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more

Tarter Krinsky & Drogin LLP

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Epstein Becker & Green

Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard

Epstein Becker & Green on

Addressing whistleblower claims is one of the most sensitive and complex issues employers face. It becomes especially challenging when the claims involve compliance officers, risk officers, or even lawyers tasked with...more

FordHarrison

New Illinois Employment Laws for 2025 and Beyond: What Every Employer Must Learn

FordHarrison on

The Illinois Legislature was busy in 2024, passing a slew of new employment laws and amendments to existing laws, only one of which in any manner affirmatively helps employers. Below is a summary of the bills that were signed...more

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

Jackson Lewis P.C. on

On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Epstein Becker & Green

Health Care Employers Face Reopening Challenges - Employment Law This Week®

Epstein Becker & Green on

In this Trending News video from Employment Law This Week®, attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees. Visit our...more

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