Bill Wright

Bill Wright

Sherman & Howard L.L.C.

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Latest Posts › Retaliation


Curing Cat’s-Paw

In a Title VII retaliation claim, a plaintiff has to prove protected conduct was the “but-for” cause of the materially adverse action. Can a plaintiff prove “but-for” causation relying on the supposed retaliatory animus of...more

9/29/2015 - Bias But For Causation Cat's Paw Retaliation Title VII

Forced Leave – No Violation

An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second...more

9/18/2013 - FMLA Retaliation Sick Leave Termination Unpaid Leave

Supreme Court Applies “But-For” Standard To Title VII Retaliation Claims

Also on June 24, 2013, the Supreme Court addressed the standard courts should apply to determine whether an employer violates Title VII's anti-retaliation provision. Because of a statutory amendment in 1991, courts apply a...more

7/10/2013 - But For Causation Discrimination EEOC Race Discrimination Retaliation SCOTUS Substantial Motivating Factor Test Title VII UT Southwestern Medical v Nassar

Firing a Supervisor for Her Workplace Threat Was Not Retaliatory

These days, everyone has good reason to be leery of threats in the workplace, and the courts are generally supportive of employers who take those threats seriously. A recent Tenth Circuit decision is a good example. ...more

1/7/2013 - Harassment Hiring & Firing Retaliation Supervisors Termination

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