Category Archives: Retaliation
Proving Retaliation When An Employer Fails To Offer An Explanation For An Employee’s Discharge
Title VII of the Civil Rights Act of 1964 protects employees from retaliation for complaining about discrimination or harassment in the workplace, including sexual harassment. In the context of a retaliatory discharge claim under Title VII, an employer is obligated to articulate a legitimate, non-retaliatory reason for the employee’s termination. The employer’s burden is… Read More »
Court Finds That Alleged Sexual Harasser’s Retaliatory Intent Can Be Imputed To Employer For Purposes Of Retaliation Claim
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from retaliation for complaining about sexual harassment in the workplace. Having long represented employees victimized by retaliation for making a sexual harassment complaint, our Central Florida retaliation attorneys have learned that when a complaint is made against a sexual… Read More »
Proving A Retaliatory Discharge By Showing It Is Unlikely The Employer Would Have Acted On The Basis Of The Reason Given For Termination
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from retaliation for opposing discrimination or harassment on the basis of race, national origin, sex, pregnancy, and religion in the workplace. When attempting to prove a retaliatory discharge claim, employees can establish that the proffered reason for the termination… Read More »
Proving Retaliation When The Subject Of A Sexual Harassment Complaint Targets The Victim For Termination
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from retaliating against employees for opposing any practice made an unlawful employment practice under Title VII. Under long standing law, an employee who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. Having represented employees victimized… Read More »
Smoking Gun Evidence: Direct Evidence Of A Retaliatory Motive
Generally, courts have defined direct evidence of retaliation as evidence which proves the existence of a retaliatory motive without inference or presumption. Stated another way, direct evidence of retaliation is a statement by an employee who was involved in the challenged employment decision which constitutes “smoking gun” evidence of a retaliatory motive. For example,… Read More »
Are Employees Protected From Retaliation When Reporting Harassment Towards Other Employees?
Employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 1981 (§ 1981), the Americans with Disabilities Act, and the Age Discrimination in Employment Act, protect employees from retaliation when they oppose discrimination or harassment on the basis of race, national origin, sex, pregnancy, religion,… Read More »
Are Employees Protected From Retaliation When Refusing To Discriminate In Employment Decisions?
Under employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act, and the Americans with Disabilities Act, employees are protected against retaliation for opposing discrimination or harassment on the basis of race, national origin, sex, pregnancy, religion, disability, or age. In most… Read More »
What Is Retaliatory Hostile Work Environment Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits an employer from retaliating against an employee for engaging in statutorily protected activity under Title VII, which is either opposing an act of discrimination prohibited by Title VII or participating in an investigation under Title VII. To establish a prima facie case… Read More »
Are Employees Protected Against Retaliation When They Make An External Complaint To A Third-Party About Discrimination Against A Non-Employee?
Under the Florida Civil Rights Act (“FCRA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”), employees are protected against retaliation for opposing workplace discrimination or harassment on the basis of race, national origin, sex, pregnancy, religion, disability, or age. In most cases, an employees’ opposition to discrimination or harassment in the workplace takes… Read More »
