About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Retaliation
DOL Fact Sheets On FMLA And FLSA Retaliation
The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision. (Hat tip to The Employer Handbook.)
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Sarbanes-Oxley Whistleblower Statute Does Not Protect Employees Who Leak Information To The Media
The U.S. Court of Appeals for the Ninth Circuit held that the provisions of the Sarbanes-Oxley Act (“SOX”) only protect employees of publicly-traded companies who disclose certain types of information to the three categories of recipients specifically enumerated in the … Continue reading
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Unanimous Supreme Court Adopts Broad Reading Of Title VII Retaliation Provision
The U.S. Supreme Court continued its expansive interpretation of the anti-retaliation provisions of the Civil Rights Act of 1964 with its January 24 decision in Thompson v. North American Stainless. The Court held that the firing of a worker because … Continue reading
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New Jersey Case Involving HR Manager Highlights Issues With Claims By High Level Officials
In Quinlan v. Curtiss-Wright Corp., a New Jersey appellate court reviewed a $10.6 million jury verdict in a sex discrimination and retaliation case brought by a human resources manager against her former employer. The opinion can be read here. The case … Continue reading
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Adverse Verdict In Retaliation Case Is A Grim Reminder For Employers
A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirming a jury’s findings that several discriminatory statements made by supervisors, some of which were reported to a human resources representative, were sufficient evidence that the employee … Continue reading
4th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim
In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA, a plaintiff must show that the persons responsible for the adverse employment … Continue reading
U.S. Supreme Court Issues Retaliation Decision
On January 26, 2009, the U.S. Supreme Court issued a decision in the case of Crawford v. Metropolitan Government of Nashville. A copy of the opinion is here. The Court unanimously held that Title VII’s antiretaliation provision extends to an … Continue reading
New Whistleblower Claim In Consumer Protection Act
The Consumer Product Safety Act has been amended to include a whistleblower retaliation provision. The Consumer Product Safety Improvement Act of 2008 was signed into law by President Bush on August 14, 2008.
Supreme Court Recognizes Retaliation Claim Under Section 1981
The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts. Section 1981 itself prohibits … Continue reading
Fraud Lawsuit Against Former Employee Equals Retaliation
The U.S. Court of Appeals for the Fourth Circuit ruled on January 31, 2008, that the filing of a fraud lawsuit against a former employee constituted actionable retaliation under the Fair Labor Standards Act (“FLSA”). The opinion can be read … Continue reading
Jury Awards $4.4 Million In Sexual Orientation Lawsuit
In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the … Continue reading
Posted in Discrimination, Jury Verdicts, Retaliation
Tagged Discrimination, Jury Verdict, Retaliation
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