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Case history; Prior: White v. Burlington Northern & Santa Fe Railroad Co., 364 F.3d 789 (6th Cir. 2004). Holding; The anti-retaliation provision (42 U. S. C. §2000e–3(a)) under Title VII of the Civil Rights Act of 1964 does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace.
Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute. When an employee claims that a hostile work environment is an adverse employment action, the legal analysis is similar to the burdens of proof ...
The EEOC has the authority to investigate and prosecute cases against most organizations, including labor unions and employment agencies, employing 15 workers or more, or, in the case of age discrimination, 20 or more workers.
The Cat's Paw theory is a legal doctrine in employment discrimination cases that derives its name from the fable "The Monkey and the Cat," attributed to Jean de La Fontaine. In the fable, a cunning monkey persuades a naïve cat to retrieve chestnuts from a fire, with the cat ultimately burning its paws while the monkey enjoys the chestnuts. [1]
Under the ADEA, a person may file a civil action 60 days after filing a “charge” with the Equal Employment Opportunity Commission (EEOC). [3] This process would satisfy the exhaustion of administrative remedies , which aims to provide the employer with notice of the claim and ensure that the EEOC has a chance to resolve the claim before a ...
If an employer takes an adverse employment action against an employee for a discriminatory reason and later discovers a legitimate reason that it can prove would have led it to take the same action, the employer is still liable for the discrimination, but the relief that the employee can recover may be limited. McKennon v.
In a 5-4 opinion, the Court ruled that private-sector plaintiffs must prove that age was the "but for" cause of the adverse employment action they are suing over. [ 7 ] [ 2 ] That is, the plaintiff must prove that age discrimination was the determining reason for the adverse employment action (e.g. the action would not have been taken 'but for ...
President Lyndon Baines Johnson. Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United ...