Category Retaliation

What Not to Wear: The EEOC Guides Employers on Religious Dress and Grooming Practices

by Elan Cameron On March 6, 2014, the Equal Employment Opportunity Commission (EEOC) released additional guidance on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), specifically on issues of religious garb and grooming in the workplace. The guidance requires employers to make exceptions to their usual workplace policies to […]

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Obama’s Budget Proposes to Shield IRS Whistleblowers from Retaliation

by Ashley Tease Whistleblowers can temporarily rejoice as President Obama’s Fiscal Year 2014 Budget proposes to protect people who disclose tax evasion to the U.S. Internal Revenue Service.  A sticking point for lawmakers and lawyers advocating on behalf of persons who report tax cheats to the IRS is the implementation of anti-retaliation protections. In the […]

Vernace v. Port Authority

Employers cannot retaliate or discriminate against an employee who has filed a complaint with the Occupational Safety and Health Administration (OSHA) under the Federal Rail Safety Act of 1982 (FRSA). Laura Vernace filed a complaint with OSHA alleging that the Port Authority Trans-Hudson Corporation (PATH), her employer, retaliated against her by intimidating and threatening her […]

Matter of 833 Central Owners Corp. and Local 621, United Workers of America

An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the […]

OSHA Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008

This new rule from the Occupational Safety and Health Administration (OSHA) establishes the finalized procedures for the handling of retaliation complaints under Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008. OSHA responded to comments from The National Whistleblower Center (NWC), the Government Accountability Project (GAP), and Todd Miller requesting provision clarifications […]

George v. Junior Achievement of Ctr. Ind., Inc

The Court interpreted the term “inquiry” in Section 510 of ERISA broadly to include an informal interchange of questions from an employee to an employer. Here, the Plaintiff had notified his employer that it had breached its fiduciary duty by failing to deposit his withdrawn money into his retirement account; the employer responded by depositing […]

Bryant v. Salazar

An employer may not take an adverse employment action against an employee for behavior that was caused by the employer’s failure to properly respond to employee’s previous complaints regarding harassment on the basis of membership in a protected class under Title VII of the Civil Rights Act of 1964.  A female employee who was the […]

Spinner v. Landau and Assocs.

Contractors working for publicly traded companies are afforded whistle blowing protection when reporting  violations of laws or Security and Exchange Commission regulations identified under Section 806 of the Sarbanes-Oxley Act (“SOX”).  In Spinner, the respondent employer fired a certified public accountant after he reported an internal control and reconciliation problem at S.L. Green, the company […]