Title VII retaliation claim

By Honore N. Hishamunda and Brett C. Bartlett

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the United States Court of Appeals for the Eleventh Circuit, however, makes clear that employers may manage employees engaged in protected activity,
Continue Reading Title VII, Section 1981, and the Limits of Protected Activity

By Christopher F. Robertson and Craig B. Simonsen

The Fourth Circuit Court of Appeals recently ruled that a Sarbanes-Oxley Act (SOX) claim initially timely filed with OSHA and then withdrawn falls within 28 U.S.C. § 1658(a), the “catch-all limitations period,” which provides a four year limitations period.  Jones v. SouthPeak Interactive Corp. of Del., No. 13-2399 (4th Cir., 1/26/15).
Continue Reading Four Years To Sue On SOX Claim Withdrawn From OSHA

By: Clark Smith

Retaliation claims are now the most common type of claim filed with the EEOC.  Twenty years ago, only 15% of the charges complained of retaliation.  By 2013, that total had leapfrogged to 41% (yes that number includes charges brought under federal whistleblower statutes, such as Dodd-Frank – but that’s a big jump), and is higher
Continue Reading Is Retaliation The New Discrimination??