In a 6-2 decision, the Supreme Court held that the provision in the Fair Labor Standards Act that prohibits retaliation against employees who “file” an FLSA complaint covers oral complaints made by employees. Kevin Kasten worked for Saint Gobain Plastics Performance Corp. He complained to his supervisors, as well as to the company’s HR department,… Continue Reading
Tag Archives: retaliation
Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Posted in LegislationToday, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
Posner – “Nebulous suspicions voiced by a busybody” not protected under Title VII
Posted in HarassmentA part-time female hospital employee complained about her new male boss. Her complaints — mainly generalized criticisms — included disapproval of his “presentation of himself in public,” his “remarks and appropriateness,” his “obvious attraction to/fear of women” and his “leadership in relationship to women.” The hospital, worried about potential hostile work environment implications, investigated. During… Continue Reading
Discipline of Employees Who Have Engaged in Protected Activity
Posted in Discrimination, WhistleblowerLots of laws prohibit an employer from firing or taking some other adverse action against an employee based on the employee’s protected conduct, status, or activity. But what happens when you discover an employee’s misconduct only because he or she engaged in protected activity? The U.S. Court of Appeals for the Eleventh Circuit recently answered… Continue Reading
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