New EEOC Guidance on Retaliation Charge

Knife Behind Back

U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.  Link to guidance below. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm   … [Read more...]

Surrogate Mother May Proceed on Discrimination Claim against Marriot

breast pump

A motion to dismiss a lawsuit filed in a California District Court by Marriott was denied.  A surrogate mother may proceed in her cause of action alleging Title VII discrimination against the hotel chain claiming she was discriminated against by not being permitted to express breast milk after giving birth. U.S. District Judge Margaret M. Morrow said Plaintiff Mary Gonzales has shown enough to proceed with claims that the hotel violated federal and California law. Mary Gonzales gave birth to … [Read more...]

What happens if my spouse is fired for my discrimination charge?

spouse charge

In the course of representing a client whom filed an EEOC charge for sexual harassment in the workplace, she inquired if her husband had any legal rights for potential termination as retaliation against her by the same employer.  I was not immediately familiar with third party claims arising out of title VII of the federal code.  Thompson v. N. Am. Stainless, LP, 131 S.Ct. 863 (2011) answered the question being that a third party may now prosecute an action for retaliation under title VII.  The … [Read more...]

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