Retaliation "Links to Articles/Legal References"

Links to Articles/Legal References

 

Employment Law


A.  Retaliation Links

1. Title VII Retaliation For Hostile Work Environment

2. EEOC: Retaliation: Types of Discrimination

3. EEOC: Facts About Retaliation

4. Ninth Circuit Model Civil Jury Instructions/Elements of Retaliation

5. Retaliation: How to Prove It, How to Avoid It

6. The Meaning of Adverse Employment Actions in the Context of Title VII Retaliation Claims

7. Is Consistency In How Courts Define "Adverse Employment Action" in Retaliation Cases on the Horizon

8. The U.S. Supreme Court Says "All Aboard" To Title VII Retaliation Plaintiffs - And Leaves Employers All Steamed Up

9. CAUSATION IN RETALIATION CLAIMS: CONFLICT BETWEEN THE PRIMA FACIE CASE AND THE PLAINTIFF’S ULTIMATE BURDEN OF PRETEXT

10. Roby v. McKesson: The Interaction Between Disabilities with Absenteeism Policies and the Behaviors of Supervisors in Addressing Such Issues

11. Fourth Circuit Finds Allegations of Discriminatory Severance Package Sufficient to State a Claim Under Title VII

12. In Retaliation Cases Brought under California’s FEHA, California Supreme Court Holds That an "Adverse Employment Action" Is an Action or Series of Actions -- Viewed in Their Totality -- That Materially Affect the Terms and Conditions of Employment.

13. FEHA Adverse Action

14. In the wake of the California Supreme Court's Harris Decision, A FEHA Claimant Must Show Discrimination was a "Substantial Motivating Factor" and An Employer Waives its Mixed-Motive Defense by Failing to Assert It in Its Answer

 

B. Discrimination/Retaliation Related Cases

1. Ray vs. Henderson

2. Filipovic v. K & R Express Sys., Inc.

3. CLARK COUNTY SCHOOL DISTRICT v. BREEDEN

4. Burlington Northern & Sante Fe Ry. Co. v. White ("Burlington"), 548 U.S. 53, 62-63, 67 (2006)

5. CHRISTINE EARL, Plaintiff-Appellant v. NIELSEN MEDIA RESEARCH, INC.; USA, INC., FKA The Nielsen Company (US), Inc., Defendants-Appellees

6. CARL WOODS, Plaintiff-Appellant v. STATE OF WASHINGTON; et al., Defendants-Appellees

7. Alamo v. Practice Management Information Corp., B230909 (2nd Dist., Div. 7, Sept. 5, 2013)

 

C. Employment Benefits Law

1. THE FIDUCIARY CORNER: You ARE Your Brother's Keeper - Co-Fiduciary Liability Under ERISA 

2. Application of Erisa § 510 To Internal Workplace Complaints [29 U.S.C. § 1140]

 

D. Employment Benefits Related Cases

1. Smith v. Stockwell Co.

2. Hashimoto v. Bank of Hawaii