Category Archives: Retaliation

EEOC Issues Proposed Enforcement Guidance of Unlawful Harassment, Seeks Comment

by Amelia J. Holstrom On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) issued its Proposed Enforcement Guidance on Harassment.  The proposed guidance touches on a number of matters, both new and old. In the majority of the 75-page … Continue reading

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U.S. Supreme Court Reinstates Police Officer’s Claim That He Was Fired for Political Activity

by Susan G. Fentin Unlike private employees, public employees have certain constitutional free speech rights in the workplace.  A recent Supreme Court decision examined those rights in the context of perceived political activity. Jeffrey Heffernan was a police officer working in … Continue reading

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Employee Who Made Death Threats Cannot Proceed with Retaliation Claim

by Stefanie M. Renaud Retaliation claims often turn on the legitimacy of an employer’s stated reasons for termination.  In order to prevail in a retaliation lawsuit, the employee has the burden of demonstrating that the employer’s stated reasons are a … Continue reading

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“Like” It or Not: Employee Can’t Be Terminated for Facebook Activity

by John S. Gannon We previously wrote about a decision by the National Labor Relations Board (NLRB) where the Board ruled that two employees who complained about their employer on Facebook were wrongfully terminated.  Here’s a short recap of the … Continue reading

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CHRO 2014-2015 Statistics Reveal Some Concerning Trends

by Amelia J. Holstrom The Connecticut Commission on Human Rights and Opportunities (CHRO) recently released its case statistics for the 2014-2015 fiscal year, which ended on June 30, 2015.  The statistics reveal some concerning trends that Connecticut employers should be … Continue reading

Posted in Handicap Discrimination, Harassment, Retaliation | Leave a comment

Facebook “Likes” Protected by the National Labor Relations Act

by John S. Gannon I like you.  You like me.  Are we protected by the NLRB?  A new decision demonstrates that employees who “like” social media content just might be. The National Labor Relations Board recently ruled that an employee … Continue reading

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First Circuit Says CEO’s Retaliatory Animus Could Have Infected Entire Organization

by Erica E. Flores Last March, a Massachusetts federal judge granted summary judgment for the employer in a retaliation case, reasoning in part that there was not enough evidence to support a finding that the CEO’s resentment against the employee … Continue reading

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U.S. Supreme Court Decisions Include Two Big Wins for Employers

Two long-awaited U.S. Supreme Court decisions have come down that have an impact on employment law.  The first involves the question of who is and who is not a supervisor, which is an important distinction in the determination of employer … Continue reading

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Protection for Massachusetts Health Care Providers

Caution:  This post is not about surgical masks, scrubs, or other personal protective equipment worn by health care workers.  Instead, we discuss a state law that protects certain health care employees from retaliatory employment actions. You likely know by now … Continue reading

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Supreme Court’s Employment Law Docket

The Supreme Court’s 2012-2013 term is well underway, and you may be wondering: will the court hear any important employment law cases that could have ramifications for me or my business?  The following is a summary of the Court’s employment-law-related … Continue reading

Posted in Arbitration, Discrimination, Harassment, Retaliation, Supreme Court, Wage/Hour | Leave a comment