From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an employee of CPR LLC from 2003 to 2008, and again from 2010 to 2013. He began working at CPR LLC’s sister company, CPR Inc., in January 2014, and left in June of that same year. While he was employed at CPR LLC, Kieffer worked supervising disaster cleaning projects, and it was in this capacity that he injured his shoulder. From there, his troubles only continued. Continue reading
Category Archives: Retaliation
You’re Fired! Is Flipping Off the Presidential Motorcade Grounds for Termination?
Juli Briskman, a Marketing Analyst for Akima LLC, was forced to resign from her position in October 2017 following her flipping off a Trump Motorcade. Ms. Briskman thought she was legally exercising her civil disobedience, but when the picture when viral, the situation became much more complicated. Continue reading
Delaware Gov. to Sign Law Expanding Retaliation Protection for Whistleblowers
Delaware Gov. Jack Markell signed into law legislation that expands the protections provided to employee-whistleblowers. H.B. 300 extends whistleblower protections to employees who report noncompliance with the State’s campaign-contribution laws,who participate in an investigation or hearing regarding an alleged violation of the campaign-contribution laws, or who refuses to violate the campaign-contribution laws. Continue reading
U.S.S.C. Clarifies the Applicable Standard for Retaliation Claims
In United Texas Southwestern Medical Center v. Nassar, the Supreme Court ruled that the anti-retaliation provision of Title VII requires “but-for” causation. In other words, an unlawful reason has to be the reason for the adverse employment action. The Supreme Court had previously ruled that this type of “but-for” causation also is required in cases alleging age discrimination. Continue reading
Manager’s Drunk Facebook Post Leads to Retaliation Claim
Readers may recall the case, Stewart v. CUS Nashville, LLC, which is one of the few opinions on the discoverability of a party’s social-media account. There were at least a couple of interesting issues in that decision but the most interesting part may be that the defendant is the entity that owns and operates Coyote Ugly Saloons. That’s right–the one from the movie, where hot bartenders dance on the bar. Continue reading
3d Cir. Issues a Bitchin’ Constructive Discharge Decision
Sexual harassment, retaliation, and constructive discharge. The trifecta of employment-discrimination claims. And all three were the subject of a recent decision from the 3d Circuit. The decision contains lots of interesting discussion points but I’ll limit myself to just one for the purposes of this post. Continue reading
Business Is Booming . . . for the EEOC, Anyway
Many employers continued to face financial challenges in 2011. But business is booming for at least one group. The EEOC received a record number of complaints last year–almost 100,000 in all. Continue reading
A Unanimous Supreme Court – What a Concept
In an all too rare unanimous ruling (save for Justice Kagan, who recused herself), the U.S.
Supreme Court has held that the anti-retaliation provision of Title VII extends to employees who are in the “zone of interest” with an employee who has filed a charge of discrimination. The facts and findings follow. Continue reading
Supreme Court Watch: Part 3
The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming Kasten v. Saint-Gobain Performance Plastics Corp., in which the Court will address the requirements for an employee who claims retaliation based on the FLSA. And, on Monday, we posted about Staub v. Proctor Hospital, in which the Court will address the cat’s-paw theory in the USERRA context. Continue reading
Supreme Court Watch: Part 2
The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming argument in Kasten v. Saint-Gobain Performance Plastics Corp., in which the Court will address the requirements for an employee who claims retaliation based on the FLSA. Continue reading
Delaware Employment Law Blog 