Labor Days
Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII
Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].” Title VII does not define “oppose,” but…
A “Common Sense” Victory for Employers – The Ford Telecommuting Decision is Reversed
On April 10, 2015, the 6 th Circuit reached what many believe is the right decision and reversed its much–debated decision in EEOC v. Ford Motor Co., 752 F.3d 634 (6 th Cir. 2014) from April 2014 – which had held that…
The EEOC is Cracking Down on Workplace Wellness Programs
According to the EEOC, a majority of employers now offer some form of wellness program. Employer wellness programs are designed to incentivize employees to adopt a healthier lifestyle and benefit employers in the form…
Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process
In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…
Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation
A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…