Takeaway: In 2006, the U.S. Supreme Court created a flexible standard for showing a materially adverse action to support a retaliation claim. Despite that flexibility, some seemingly harmful decisions have not qualified... Read more »
Sandra Day O’Connor, the first female Supreme Court justice, died Dec. 1 at the age of 93. She occupied a powerful role on the court in a number of employment law cases,... Read more »
Takeaway: An employee’s allegations that her supervisor leered at her, hugged her once, and made one comment about internet pornography sites that made her uncomfortable were not sufficient to legally establish sexual... Read more »
Weis Markets allegedly subjected an employee to sexual harassment and fired her when she refused to comply with an unlawful directive to participate in the company’s employee assistance program (EAP), according to... Read more »
Takeaway: While closeness in time between protected activity and adverse action can be a factor to show an employer’s bad motive, it is not by itself enough to establish causation, especially if... Read more »
Weis Markets allegedly subjected an employee to sexual harassment and fired her when she refused to comply with an unlawful directive to participate in the company’s employee assistance program (EAP), according to... Read more »
Takeaway: Manipulating or falsifying evidence can result in severe penalties for an employee, including dismissal of claims and sanctions. An employee’s sexual harassment claims based on forged text messages were dismissed, and the... Read more »
Takeaway: An arbitrator must receive an employer’s payment of required arbitration fees within the statutory deadline, and the proverbial “check in the mail” does not constitute payment. A jewelry company in California... Read more »
A former employee for Rivian Auto can take her sexual harassment and hostile work environment claims to court, and the company’s arbitration agreement cannot apply because the case involved allegations of sexual... Read more »
Takeaway: The 9th U.S. Circuit Court of Appeals reversed a decision that dismissed a harassment claim against apparel wholesaler S&S Activewear for creating a sexually hostile work environment by letting employees and... Read more »
