In a major victory for whistleblowers, the U.S. Supreme Court recently ruled in favor of Trevor Murray, a former UBS employee who was fired after reporting what he believed to be illegal activity. The U.S. Supreme Court’s decision in Murray v. UBS expands protections for whistleblowers under the Sarbanes-Oxley Act (SOX), making it easier for employees… Read More
Posts Tagged With: retaliation
Silent but Deadly? AB 1947 Packs a Punch for Retaliation Claims
With little public recognition in light of the ongoing pandemic-related legislation, Governor Newsom recently approved AB 1947 – legislation that will have significant impact on employers. AB 1947 amends two specific provisions of the Labor Code relating to employee retaliation claims – Section 98.7, which enables workers to file retaliation claims with the Labor Commissioner,… Read More
AB 9 Now Gives Employees 3 Years to Bring Harassment and Discrimination Claims
On October 10, 2019, Governor Gavin Newsom signed AB 9 into law. AB 9 extends the deadline for employees to file a charge of employment discrimination, harassment, or retaliation with the Department of Fair Employment and Housing (“DFEH”) from 1 year to 3 years. The new deadline is 3x longer than the current state requirement… Read More
Employers Can Use Anti-SLAAP Statute to Force Early Screening of Some Employee Claims
California’s anti-SLAPP statute — found in Code of Civil Procedure §425.16 — allows a defendant to request early judicial screening of a legal claim that targets that defendant’s protected free speech or petitioning activities. Until yesterday, it has been an open question in California as to whether or not California’s anti-SLAPP statute could be used… Read More
EEOC Issues Enforcement Guidance on Workplace Retaliation
On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) published its Enforcement Guidance on Retaliation and Related Issues. The EEOC’s new enforcement guidance is critical for all employers because it states clearly the EEOC’s intention to more vigorously enforce federal anti-retaliation laws. It also provides employers with some helpful guidance for avoiding liability for retaliation… Read More
New Regulations on Sexual Harassment Take Effect Today
The California Fair Employment & Housing Council (FEHC) recently passed new regulations that strengthen California’s Fair Employment & Housing Act (FEHA). This is the state law banning discrimination, harassment, and retaliation in the workplace, which is already among the toughest in the nation. These new regulations take effect on April 1, 2016. Under the new… Read More
Governor Brown Signs AB 987, Making it Illegal to Retaliate Against an Employee Who Requests a Reasonable Acccomodation
On July 16, 2015, Governor Jerry Brown signed AB 987 into law. This new law makes it an unlawful employment practice for an employer to retaliate or otherwise discriminate against an employee for requesting an accommodation for a disability or religious belief, regardless of whether or not the request was granted. This new law was intended… Read More
U.S. Supreme Court Makes Retaliation Cases Harder to Prove
Yesterday, the U.S. Supreme Court issued its long-awaited ruling in University of Texas Southwestern Medical Center v. Nassar. The issue in that case was whether a plaintiff alleging illegal retaliation under Title VII against her employer had to show but-for causation (i.e., that the employer would not have taken the adverse employment action but for its… Read More