Some scholars are skeptical that the new Twombly/Iqbal pleading standard has really changed much of anything in employment discrimination cases. But the new plausibility standard appears to be having a real, discernable effect in a different type of employment law case – RICO claims for depressed wages. In these cases, legal workers allege that their employers have engaged in an unlawful criminal enterprise involving the violation of federal immigration law while hiring undocumented workers. ...
This is a case about the standard for proving retaliation in violation of Title VII of the Civil Rights Act. The statute’s focus is on prohibiting employment discrimination. But to ensure the effective enforcement of the statute, it also prohibits an employer from retaliating against a worker for complaining about employment discrimination (for example, by filing a complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII).
Title VII has been characterized...