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A packaging equipment supervisor in Puerto Rico whose employer extended his performance improvement plan while he was on military leave may proceed with his claim that the PIP extension violated the Uniformed Services Employment and Reemployment Rights Act, the U.S. Court of Appeals for the First Circuit ruled on October 28th, 2010 (Vega-Colon v. Wyeth Pharm., 1st Cir., No. 09-1861)...

Tagged with: Opinion Workplace Issues

A male employee who claimed he received unwelcome romantic advances from a female co-worker can sue for sexual harassment, the U.S. Court of Appeals for the Ninth Circuit has ruled in reversing a dismissal.

Tagged with: Workplace Issues

A former technician for Verizon Communications Inc. may pursue a sex discrimination suit against the company under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Second Circuit ruled, reversing a district court’s ruling ...

Tagged with: Workplace Issues

To date, 44 states have enacted anti-bullying statutes, but they still provide school districts and officials with immunity from causes of action for damages. Many such cases are filed as racial, or disability based harassment or sexual harassment.

Tagged with: Workplace Issues

A female former secretary alleged her male boss’s misconduct included threats to “choke” or “kill” her raised a triable issue of hostile environment sexual harassment under Title VII of the 1964 Civil Rights Act ...

Tagged with: Workplace Issues

A man who was hired at the age of 55 testified that, during his job interview, his future boss’s boss asked him about his “time horizon” for retirement.

Tagged with: Workplace Issues

A high school student could show school officials were deliberately indifferent to actual notice of sexual harassment for the purpose of suing under Title IX, the 11th Circuit has ruled in reversing a summary judgment.

Tagged with: Expert Opinion Workplace Issues

The U.S. Supreme Court on March 22 agreed to consider whether the anti-retaliation provision of the Fair Labor Standards Act — which prohibits discrimination against an employee who “filed a complaint” ...

Tagged with: Expert Opinion Workplace Issues

An employee had worked at a giant retail store since 1984. From 2001 to 2005, managers rated her work from “exceptional to exceeds expectations” on her performance reviews.

Tagged with: Expert Opinion Workplace Issues

The U.S. Court of Appeals for the Second Circuit held recently that a federal district court erred by not applying the new standard for “adverse” action in the retaliation context ...

Tagged with: retaliation Workplace Issues

The U.S. Court of Appeals for the Second Circuit has held that a supervisor’s purposeful ignorance of workplace sexual harassment did not shield the employer from liability, and reinstated a former court officer’s claim that her supervisor was aware of ...

The U.S. Court of Appeals for the Second Circuit earlier this month vacated and reversed the grant of summary judgment as to the sufficiency of the causal connection between the protected activity and the elimination of petitioner Faul’s full-time position, ...