A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. TL;DR: An employee claimed that her employer retaliated after she raised race concerns. The Fourth Circuit affirmed summary judgment for the employer because contemporaneous records showed performance issues and leadership misalignment that began well before the protected activity. Timing alone […]| The Employer Handbook Blog
Explore the shocking details of the EEOC TNT Crane case, revealing racial hostility in the workplace and its impact on employees.| Carey & Associates P.C.
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement. TL;DR: The EEOC announced a $350,000 settlement with two Arkansas healthcare entities accused of firing […]| The Employer Handbook Blog
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a viable harassment or retaliation claim. […]| The Employer Handbook Blog
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and noted low morale but no […]| The Employer Handbook Blog
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids went missing from her hospital […]| The Employer Handbook Blog
The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of government oversight. And this case […]| The Employer Handbook Blog
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a public college alleged gender, pregnancy, […]| The Employer Handbook Blog
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. TL;DR: In this case, […]| The Employer Handbook Blog
When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. TL;DR: One employee went beyond watercooler […]| The Employer Handbook Blog
Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. TL;DR: A manager repeatedly called an employee “sweetheart.” She objected, complained, and was later fired. But a court said that wasn’t enough for either […]| The Employer Handbook Blog
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t […]| The Employer Handbook Blog
Explore the shocking S6 Ep129 verdict where Tahvio Gratton won $39 million against UPS for race and retaliation claims.| Carey & Associates P.C.
Flamethrower messages torpedo an ADA claim in this no-nonsense ruling from a federal appellate court. TL;DR: An adjunct professor accused her college of ADA discrimination after it declined to renew her contract. But the Second Circuit quickly dismissed her claims—thanks in no small part to her own emails, which read like exhibits for the defense. As […]| The Employer Handbook Blog
This isn’t a story about a rogue employee—it’s about the person running the show. TL;DR: The EEOC has filed a Title VII lawsuit against the owner of a hospitality group in Hawaii, alleging he subjected teenage and adult female employees to years of sexual harassment—much of it in front of other staff and guests. […]| The Employer Handbook Blog
Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags. […]| The Employer Handbook Blog
You’d expect a company to listen when its Chief People Officer—especially one with nearly three decades of labor and employment law experience—raises concerns about compliance. Instead, this employer—a law firm—reassigned her shortly thereafter and fired her within the week of returning from bereavement leave. A jury just awarded her $3.27 million for retaliation. TL;DR: A […]| The Employer Handbook Blog
The Sixth Circuit Court of Appeals has ruled that a mayor who retaliates against a fire chief for refusing to make false statements to the public about a matter of public concern, is not entitled to qualified immunity. As a result, a mayor could be liable to the chief for violating his First Amendment rights.| Fire Law Blog
A fire captain with the Los Angeles City Fire Department has filed suit alleging he was harassed, retaliated against, and ultimately transferred after reporting an arson investigator for having left an unsecured firearm in an unlocked vehicle. Captain Brandon Taulli claims that the investigator’s race and gender played a central role in what he characterizes as an “adverse employment action.”| Fire Law Blog
The purpose of this policy is to encourage individuals to report possible Wrongful Conduct to an appropriate authority so that prompt, corrective action can be taken by the University and to protect reporting individuals from any Retaliation for reporting Wrongful Conduct.| University of North Carolina at Chapel Hill - Knowledge Base