Are You Exhausted? Second Circuit Denies Retaliation Claim for Plaintiff Who Did Not Timely File Underlying ActionIf an employee files an EEOC charge alleging discrimination and retaliation, never files a lawsuit on that charge, and several years later files another charge that he has suffered retaliation because he filed the first charge—can he still pursue claims from his first charge? In legal speak: Can a claim of alleged ongoing retaliatory behavior

OSHA Safety Retaliation – What Is It?

Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational Safety and Health Administration (OSHA) enforces the anti-retaliation provision in this federal law and also the anti-retaliation provisions contained in many other

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,