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Title VII › Anti-Retaliation Provisions › Adverse Employment Action

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Oppenheimer Investigations Group

Navigating Workplace Retaliation Claims, Part 1: Understanding Retaliation and Preventing It

Oppenheimer Investigations Group on

Workplace retaliation claims have been rising across industries. According to recent reports from the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is most frequently cited basis for discrimination charges....more

Parker Poe Adams & Bernstein LLP

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Seyfarth Shaw LLP

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

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In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Harris Beach PLLC

Labor and Employment News: Retaliation Claims Are Difficult to Defend: Redux

Harris Beach PLLC on

A few weeks ago, we reported on a retaliation judgment in U.S. District Court, Connecticut, Summerlin v. Almost Family, Inc. ("Retaliation Claims Difficult to Defend"). The retaliation case discussed below did not cost the...more

Littler

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

Littler on

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered...more

Williams Mullen

Fourth Circuit Rejects “Manager Rule” in Title VII Cases

Williams Mullen on

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...more

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