Category: Retaliation
Mark Twain, Keith Richards & The Manager Rule
Are reports of the death of the manager's rule greatly exaggerated ? Gentle reader, as you know, the manager rule is a common defense to whistleblower or retaliation claims and holds that a management employee who disagrees with or opposes their employer's actions in the course of their normal...
While There WAS No "I" in Defendant, There Is Now: New Hampshire Supreme Court Finds Individual Liability in State Anti-Discrimination and Anti-Retaliation Statutes
Earlier this week the New Hampshire Supreme Court issued a decision in EEOC v. Fred Fuller Oil Company, Inc. , finding that New Hampshire's anti-discrimination statute imposes individual employee liability for aiding and abetting in discrimination in the workplace and that New Hampshire's anti-retaliation statute similarly imposes individual employee...
With a Little Help from my Friends: 8th Circuit Assumes Without Deciding that Associational Bias Claims Exist Under Title VII
Update regarding an issue we've previously blogged about . The Eighth Circuit assumed without deciding that individuals can sue for retaliation or discrimination under Title VII based on their association with a member of a protected class. The Second, Fifth, Sixth and Eleventh Circuits have explicitly ruled the statute...
It’s “In Style” to Follow Your Anti-Discrimination Policies
Yesterday marked the end of the Spring/Summer 2016 fashion shows in Milan. Some of next year's fashion has been described a "lyrical nerdiness," "romantic" and "pink and pretty"—so keep your eyes peeled for those trends next year. 1 But while my love for clothing is a priority, it's not...
Father-Daughter Dance Against Connecticut Wedding Caterer/Event Venue Results in Significant Personal Liability to Business Owners
As we near Father's Day, Ferguson v. Fairfield Caterers, Inc. , serves as an appropriate case to remind employers of the many facets of a retaliation claim—including the personal liability that attaches. Kelli Ferguson and her father worked for Defendant until early 2010. Ferguson's father, Kevin Heslin managed wedding...