Archives: Adverse Action

Subscribe to Adverse Action RSS Feed

Seventh Circuit Upholds High Bar for Plaintiffs Filing Retaliation Claims

The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of discrimination. In Robertson v. Wisconsin Department of Health Services, 949 F.3d 371, 374 (7th Cir. 2020), the plaintiff reported discriminatory conduct in the … Continue Reading

How to Minimize Exposure to Jury Verdicts with Internal Investigations

It is more important than ever that employers conduct internal investigations of workplace complaints and take appropriate action when there is cause to do so. Proper investigations and thorough pre-litigation assessments can help employers minimize exposure to unfavorable jury verdicts and awards. A case from the U.S. District Court for the Southern District of New York, in which … Continue Reading

OSHA Says Lawsuits Constitute Adverse Action Too

Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation. In a case brought … Continue Reading
LexBlog