Earlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and sometimes courts) may misapply the law, namely, Title VII of the Civil Rights of 1964. So, let’s clear this up. A retaliation claim has three elements: a protected activity, […]
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it. I’ll explain. Last night, I read a recent decision from a Pennsylvania federal judge. The plaintiff, an Asian American, testified at his deposition that his supervisor often […]
