June 2011

Two decisions issued today demonstrate the challenge employers face in managing claims of retaliation. If the summary judgment records in these cases are to be believed, the decision-makers were all-too-eager to announce their intention to get even with employees who...

Two plaintiffs win at trial and, on appeal, achieve differing results. In the First Circuit, a Title VII plaintiff improves on her win by persuading the court (with an assist from the EEOC as amicus) that the number of employees in the "current or preceding calendar...