Posts tagged Adverse Employment Action.

What's a "materially adverse employment action"? This is the second part in what should be a three-part series (it's possible that we'll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues recently published by the Equal Employment Opportunity Commission.

Man with Fist.flickrCC.HobviasSudoneighm
"Allow me to inflict some materially adverse employment action on y'all!"

To recap from last ...

Mister Ed.Alan_Young_Mister_Ed.JPGIf Joe tells co-worker Mary a dirty joke, Joe is probably in violation of the employer's no-harassment policy, right? And he risks being disciplined, or even fired, right?

Right.

But if Mary sues Joe for sexual harassment based on this one joke, her lawsuit will in all likelihood be thrown out of court, right?

Right.

That's because you can't sue over just any old thing, even if it's annoying ...

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial.

In its 2011 decision in Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court found that an informal, oral complaint could be "protected activity" under the FLSA and ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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