News & Analysis as of

Termination Retaliation Title VII

U.S. Equal Employment Opportunity Commission...

EEOC Sues X-Treme Tech Services for Sexual Harassment and Retaliation

Federal Agency Charges Company Fired Female Employee After She Resisted Supervisor’s Sexual Advances - THIBODAUX, La. – X-Treme Tech Services, LLC, which provides marine electronic services, violated federal law when a...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

Husch Blackwell LLP on

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

U.S. Equal Employment Opportunity Commission...

Jacobson Memorial Hospital to Pay $45,000 in EEOC Retaliation Lawsuit

Federal Agency Charged Hospital Terminated Black Nursing Aide in Retaliation for Racial Harassment Complaint - BISMARCK, N.D. – Jacobson Memorial Hospital Care Center, a critical access hospital in Elgin, North Dakota,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues The Cleaning Authority-Fox Valley for Sexual Harassment and Retaliation

Cleaning Service Provider Sexually Harassed Female Workers and Punished Them for Complaining, Federal Agency Claims - MILWAUKEE – The Cleaning Authority-Fox Valley, a cleaning service provider in eastern Wisconsin,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Retaliation Claim Based on ‘Personal Gossip'

In Johnson v. Global Language Center, the Fourth Circuit Court of Appeals affirmed a district court's decision to grant summary judgment in favor of an employer in a Title VII retaliation claim, where the “protected activity”...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Dorsey & Whitney LLP

Seventh Circuit Says Summary Judgment Stands: Evidence Does Not Support FCA Retaliation

Dorsey & Whitney LLP on

Yesterday, the Seventh Circuit Court of Appeals affirmed a summary judgment decision dismissing a former employee’s False Claims Act (“FCA”) retaliation suit. Lam v. Springs Window Fashions, LLC, No. 21-2665, 2022 U.S. App....more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Jackson Lewis P.C.

California Supreme Court Agrees To Answer Question About Employment Retaliation

Jackson Lewis P.C. on

Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question...more

Poyner Spruill LLP

Employers not required to guarantee employees will never be scheduled on religious Sabbaths

Poyner Spruill LLP on

In a recent 11th Circuit Court of Appeals opinion, Patterson v. Walgreen Co., the court affirmed judgment in favor of Walgreens after it fired Patterson for refusing to accept reasonable accommodations for his religious...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Ward and Smith, P.A.

Truth and Consequences: Title VII's Opposition Clause and Employer's Reasonable Belief

Ward and Smith, P.A. on

This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that has employers taking note. In Villa v. CavaMezze Grill, LLC, the court...more

Maynard Nexsen

Good Faith Belief in Employee’s Wrongdoing Serves as Defense Against Retaliation Claim

Maynard Nexsen on

A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Baker Donelson

Employers Beware of the Cat's Paw

Baker Donelson on

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide