New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Retaliation

Subscribe to Retaliation RSS Feed

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

Posted in Americans with Disabilities Act, Retaliation
On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.”  Along with the final guidance, the EEOC issued a Q&A publication and a Small Business Fact Sheet. Since 1998, the Supreme Court and lower courts have issued a number of significant rulings regarding employment related… Continue Reading

Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Posted in Retaliation
Employers face claims of retaliation at an increasingly alarming rate.  Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation of retaliatory conduct.  While retaliation is by no means a new concern for the EEOC, the Proposed Enforcement Guidance on Retaliation and Related Issues issued… Continue Reading

Governor Cuomo Signs Bill Amending Public Employee Whistle Blower Protection Statute

Posted in Public Employment, Retaliation, Whistleblowers
On December 28, 2015, Governor Cuomo signed a bill repealing Civil Service Law § 75-b(2)(b).  This has a significant effect on the anti-retaliation provisions of New York’s “whistle blower” protection statute for public employees who report to a governmental body either (a) violations of a law, rule or regulation, or (b) something which an employee… Continue Reading

New York Amends Human Rights Law to Protect Unpaid Interns

Posted in Employment Discrimination, Harassment, New York Law, Retaliation
On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.”  The amendment prohibits employers from discriminating against unpaid interns and prospective interns on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex,… Continue Reading

Supreme Court Widens Sarbanes-Oxley Whistleblower Net

Posted in Retaliation, Whistleblowers
On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies.  Passed in 2002 in the wake of the Enron scandal, the Sarbanes-Oxley Act (“SOX”) establishes strict standards for financial behavior by publicly-traded companies and protects “employees” from retaliation for blowing… Continue Reading

The Supreme Court Holds That Title VII Retaliation Claims Require Proof of “But-For” Causation

Posted in Retaliation
The U.S. Supreme Court recently issued a 5-4 decision that sets the standard for how retaliation claims under Title VII of the Civil Rights Act ("Title VII") will be analyzed.  In University of Texas Southwestern Medical Center v. Nassar, the Court held that a plaintiff alleging a retaliation claim under Title VII must establish that retaliation for his… Continue Reading

Second Circuit Court of Appeals Rejects Employee’s First Amendment Retaliation Claim Against School District

Posted in Discharge and Discipline, Public Employment, Retaliation
On September 10, 2012, the U.S. Court of Appeals for the Second Circuit reversed a 2010 District Court decision and rejected a claim by a terminated public school district employee that she was subjected to retaliation for engaging in protected speech under the First Amendment to the U.S. Constitution.  In Ross v. Lichtenfeld, the Second Circuit held… Continue Reading

Supreme Court Declines to Review Court Decision Rejecting a Job Applicant’s FLSA Retaliation Claim

Posted in Retaliation, Wage and Hour
On February 21, 2012, the U.S. Supreme Court declined to review a Fourth Circuit Court of Appeals decision rejecting a job applicant’s retaliation claim filed under the Fair Labor Standards Act ("FLSA") against her prospective employer.  By declining to review the decision, the Supreme Court left undisturbed the Fourth Circuit’s ruling that job applicants are… Continue Reading

U.S. Department of Labor Releases Three Fact Sheets Regarding Retaliation

Posted in Family and Medical Leave Act, Retaliation, Wage and Hour
Recently, the U.S. Department of Labor’s Wage and Hour Division released three new Fact Sheets on unlawful retaliation under the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act ("FMLA"), and the Migrant and Seasonal Agricultural Worker Protection Act ("MSPA").  Although the Fact Sheets do not contain any new information on the prohibition against retaliation,… Continue Reading