Archives: Retaliation

Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII When the Decision Maker Had No Retaliatory Motive?

By Michael Lombardino on September 15, 2015 Posted in Retaliation

In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can also be utilized in Title VII retaliation cases, which require proof of “but for” causation between the retaliatory sentiment or animus and the adverse employment … Continue Reading

ALERT! Supreme Court “SOX” it to Employers by Extending Statute’s Whistleblower Provision to Private Contractors of Public Companies

By Jeanine Conley and Mackenna Mosier on March 12, 2014 Posted in Retaliation, Whistleblowing

The U.S. Supreme Court recently issued an opinion in Lawson v. FMR LLC broadening the scope of individuals afforded protection under the anti-retaliatory provisions in the Sarbanes Oxley Act. Baker Hostetler’s Employment Group, and Whistleblower and Compliance Team issued an Executive Alert on this critical decision. To learn how the Court “‘SOX’ it to Employers,” … Continue Reading

Interns and Anti-Discrimination Laws: Is Wang Employers’ High-Water Mark?

By Pat Muldowney on October 21, 2013 Posted in Harassment, New York, Retaliation

So you may have heard — a federal court in New York has dismissed an unpaid intern’s hostile work environment sexual harassment claim against a media company pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v. Phoenix Satellite Television US, Inc., Case No. 1:13-cv-00218-PKC (S.D.N.Y. 2013).) In granting the defendant’s motion to dismiss the plaintiff’s … Continue Reading

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

By Scott McIntyre on July 9, 2013 Posted in EEOC, Retaliation, Supreme Court

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline. In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims. But … Continue Reading