Labor Days
Fourth Circuit Rejects “Manager Rule” in Title VII Claims
On Monday, August 10, the Fourth Circuit rejected the application of the “manager rule” in the Title VII context, finding it “would discourage . . . employees from voicing concerns about workplace discrimination.” The…
Barbara Hoey Comments on Pao/Kleiner Perkins Lawsuit on Bloomberg West
Labor Days co-editor Barbara Hoey was interviewed on Bloomberg Television’s Bloomberg West regarding interim Reddit CEO Ellen Pao’s gender discrimination lawsuit against her former employer, venture capital firm…
Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from…
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…
After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim
Under the federal Fair Labor Standards Act ("FLSA"), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA.…