Yesterday, the U.S. Supreme Court issued two opinons limiting an employee’s rights under Title VII. Title VII retaliation claims must be proved according to traditional principles of but-for causation, not the lessened causation test stated in §2000e–2(m). In University Of Texas Southwestern Medical Center v. Nassar, the Court held that in retaliation cases – as […]
Category: retaliation
Liquidated Damages No Longer Mandatory in FLSA Retaliation Cases
The Eleventh Circuit issued an opinion this week which could potentially have a profound effect on employees suing under the anti-retalitation provision of the Fair Labor Standards Act (FLSA). In Moore, et al v. Appliance Direct, Inc., et al, the Court faced the issue of whether an award of liquidated damages are mandatory under the […]
An Employer’s Duty Where There Is an Insufficient FMLA Medical Certification
In the last post, I mentioned that under the Family Medical Leave Act an employer has a duty to notify an employee that it requires medical certification and to provide an opportunity to cure any deficiencies. Let me elaborate. An employer may require medical certification of the serious health condition for which you are taking FMLA […]