Employers who fall under the purview of the Office of Federal Contract Compliance Programs are advised by OFCCP expert John C. Fox that the agency has been removing limitations on pay discrimination enforcement “brick-by-brick” over the past six months. This week’s Feature from CCH News covers a webinar presented by the National Employment Law Institute on the OFCCP enforcement efforts on pay discrimination, including the replacement of Bush Administration guidelines on compensation with new compensation investigation instructions and the revision of OFCCP audit procedures to allow for more on-site investigations.

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It’s human nature to feel angry at someone who appears to be attacking us or the organization, but when it comes to acting against a complainer, employers and managers are advised to proceed cautiously. This week’s Feature from CCH News reports on what an Equal Employment Opportunity Commission regional attorney said about retaliation at the Chicago Bar Association’s annual labor and employment law conference.

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An employer did not retaliate against a long-service employee for taking leave under the Family and Medical Leave Act when it terminated her for poor performance after she returned, the Seventh Circuit decides.

The former employee had a history of absenteeism and making numerous errors in her work, but had been taking FMLA leave just prior to management’s decision to terminate her because o Read more

Based on evidence that the employer fabricated evidence in a sexual harassment lawsuit, a federal district court judge in Atlanta struck the defendant’s answer to the complaint and told the jury that the allegations in the complaint must be accepted as fact.

The judge reportedly took the action after evidence was presented that the employer had forged the signature on an affidavit contradic Read more

A jury should decide whether two corporate attorneys were terminated in violation of the Sarbanes-Oxley Act, the Ninth Circuit decides, overturning a lower court’s dismissal.

The two attorneys contended that they were wrongfully terminated for reporting possible shareholder fraud in connection with a company merger, but a federal district court granted summary judgment for the employer.

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Joining in a division among the federal appeals circuits, the Seventh Circuit rules that the retaliation prohibition in the Fair Labor Standards Act does not apply to protect employees who make only “unwritten, purely verbal complaints” to their employers. Read more

An employer who took prompt, effective corrective action when a racially offensive remark was reported to management was relieved of liability under a hostile work environment claim, a federal district court in Michigan rules.

It came to a worker’s attention that another worker was referring to him as “Cornelius,” an ape character from “Planet of the Apes.” The supervisor learned of the co Read more

Employers should take employee concerns regarding data privacy and security seriously not only to protect information, but also because subsequent adverse action against employees complaining about security breaches could provide the basis for a whistleblowing/retaliation claim, says a national law fir Read more

A supervisor who had a retaliatory motive to fire an employee for her alleged whistle-blowing is insulated from personal liability by a “final decision maker’s wholly independent, legitimate decision to terminate” the employee, the Ninth Circuit rules.

The case involves an employee who had filed a complaint with a state agency alleging that one of her supervisors engaged in favoritism towar Read more

The anti-retaliation provision in Title VII of the 1964 Civil Rights Act extends protection to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation, the U.S. Supreme Court rules.
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The Supreme Court has agreed to review several significant employment cases in its October term, including one which will determine whether the anti-retaliation provision in Title VII of the 1964 Civil Rights Act protects a worker from being dismissed because she cooperated with her employer's internal inves Read more

An employee who had delivered confidential, proprietary documents to her lawyers in a class-action employment lawsuit against the company was properly fired for violating the company’s privacy policy and code of conduct, the Sixth Circuit rules.
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An assistant manager who claimed he was fired because he was black, and for complaining about the firing of another employee because she was black, can sue for retaliation under Sec. 1981 of the Civil Rights Act of 1866, the U.S. Supreme Court rules in a 7-2 decision.
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An employee who frequently complained about his work hours and lack of overtime pay, then subsequently told to accept his working conditions without complaining, resign, or be terminated has stated a claim for constructive discharge in retaliation for asserting his Fair Labor Standards Act right to overtime pay, a federal district court rules.
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Although a Wal-Mart worker made a protected complaint about sexual harassment to the company, she was not fired in illegal retaliation after the investigation concluded that she was the source of sexual rumors about herself and the accused male employee, a federal judge in Oklahoma rules.
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