News & Analysis as of

Retaliation Constructive Discharge

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

U.S. Equal Employment Opportunity Commission...

EEOC and Tapco Agree to Conciliate Discrimination Charge

ST. LOUIS – Tapco Inc, a manufacturer and molder of farm equipment in Bridgeton, Missouri, agreed to conciliate two federal discrimination charges alleging sexual harassment and constructive discharge with the U.S. Equal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pacific Culinary and CB Foods for Sexual Harassment, Retaliation and Constructive Discharge

Asian Food Companies Failed to Prevent Sexual Harassment of Both Female and Male Employees, Federal Agency Charges - LOS ANGELES – Pacific Culinary Group, Inc. and CB Foods, Inc., two companies involved in the sale,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Red Robin for Sexual Harassment, Retaliation, and Constructive Discharge

Supervisors Repeatedly Ignored Workers’ Reports of Sexual Harassment, Federal Agency Charges - EVERETT, Wash. —Red Robin International, Inc., a casual dining chain with restaurants throughout the United States and Canada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

Epstein Becker & Green

Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim

Epstein Becker & Green on

Employees who resign from work, sue their employer, and assert “constructive discharge” shoulder a heavy burden to demonstrate that they had no choice but to resign. A recent decision of the Massachusetts Appeals Court,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge

Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges - TAMPA, Fla. – Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal...more

Jaburg Wilk

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Jaburg Wilk on

A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Nice Systems, Inc., for Pregnancy Discrimination, Retaliation, and Constructive Discharge

Company Denied Employee her Commission Because She was Pregnant, Retaliated against her for Complaining, and Forced her to Resign, Federal Agency Charged - PALM BEACH COUNTY – NICE Systems, Inc., a software company, which...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Tackles Associational Discrimination Claim Brought by Teacher With Disabled Son

On February 26, 2020, in the case of Schmitz v. Alamance-Burlington Board of Education, the United States District Court for the Middle District of North Carolina granted in part and denied in part a motion to dismiss claims...more

PilieroMazza PLLC

"Constructive Demotion" Claim Under Title VII Gains Traction in 4th Circuit District Courts

PilieroMazza PLLC on

While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

Lewitt Hackman on

On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

U.S. Equal Employment Opportunity Commission...

Tucoemas Federal Credit Union Settles EEOC Discrimination Lawsuit for $450,000

Senior Female Employees Were Passed Over for Credit Union's Top Job in Favor of a Younger, Male Applicant, Federal Agency Charged - FRESNO, Calif. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today...more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

Genova Burns LLC on

The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

U.S. Equal Employment Opportunity Commission...

North Liberty Police Department to Pay $12,000 to Resolve EEOC Discrimination Finding

Officer Was Subjected to Sexual Harassment, Retaliation and Finally Constructive Discharge, Federal Agency Charged - INDIANAPOLIS - The North Liberty, Ind., Police Department will pay $12,000 and make significant...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Genova Burns LLC

#MeToo Movement Insufficient to Revive Dismissed Case

Genova Burns LLC on

The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Proskauer - Whistleblower Defense

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in...more

PilieroMazza PLLC

And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for”...

PilieroMazza PLLC on

She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the...more

Jackson Lewis P.C.

Rescinding Termination May Not Defeat Retaliation Claim

Jackson Lewis P.C. on

Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently...more

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