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Proving Ratification Of A Supervisor's Retaliatory Motive

Law360, New York (November 21, 2017, 11:44 AM EST) -- Employers often make promotion decisions based on a supervisor’s recommendations about particular employees. But what if those recommendations are based on an illegal retaliatory motive, like the intent to punish an employee for blowing the whistle on the supervisor? When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations?

Recently, the First Circuit in Saunders v. Town of Hull offered much-needed clarification about when a government entity runs afoul of the law in this way. Noting that it had never addressed the...
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