Steven J. Pearlman

Steven J. Pearlman

Proskauer Rose LLP


Latest Posts › Retaliation

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Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

4/18/2013 - Discrimination Fee-Shifting Statutes Harassment Mixed Motive Cases Retaliation Title VII

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more

4/5/2013 - Dodd-Frank Hiring & Firing Protected Activity Retaliation SEC Termination Whistleblowers

Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again

An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable...more

3/28/2013 - Hiring & Firing Public Policy Retaliation Safety Precautions Termination Training

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

2/26/2013 - False Claims Act Nursing Homes Retaliation Whistleblower Protection Policies Worthless Services Claims

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

2/25/2013 - Appliance Direct Damages FLSA Hiring & Firing Independent Contractors Liquidated Damages Retaliation Termination Trucking Industry

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

2/18/2013 - Board of Directors Corporate Bonuses Federal Rule 12(b)6) Fraud Internal Controls Playboy Potential Future Violations Retaliation Sarbanes-Oxley SEC Split of Authority Termination Whistleblowers

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

2/6/2013 - DOL Federal Railroad Safety Act Jurisdiction OSHA Reinstatement Retaliation Sarbanes-Oxley Whistleblowers

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

2/1/2013 - Discrimination EEOC Gender Discrimination Racial Discrimination Retaliation SCOTUS Split of Authority Termination Title VII

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more

1/29/2013 - ADEA False Claims Act Mixed Motive Cases Nassar Retaliation SCOTUS Title VII University of Texas Southwestern Medical Center Whistleblowers

Jury Awards $960,000 In First Trial Under New Mexico Whistleblower Law

On January 18, 2013, a former New Mexico Public Regulation Commission (PRC) employee prevailed in the first case to reach trial under the state’s Whistleblower Protection Act (NMWPA)....more

1/28/2013 - Corruption Hiring & Firing Retaliation Whistleblower Protection Policies Whistleblowers

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations...more

1/15/2013 - First Amendment Free Speech Hiring & Firing Political Expression Protected Activity Retaliation

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

1/4/2013 - Anti-Retaliation Provisions Breastfeeding FLSA Retaliation

“Associational Retaliation” Actionable, But Claim Still Booted

The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments...more

12/28/2012 - Associational Retaliation Discrimination Retaliation Title VII

Top 10 Ways To Minimize Whistleblower Risks

Here are the TOP 10 STEPS public and private employers should consider taking to minimize the risk of whistleblower retaliation claims and build defenses where litigation is unavoidable....more

12/13/2012 - Compliance Retaliation Training Whistleblower Protection Policies Whistleblowers

The Fight Isn’t Over: Employers Should Keep Battling The Definition of “Whistleblower” Under Dodd-Frank

The “Securities Whistleblower Incentives and Protection” section of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“DFA”) is an integrated scheme designed to encourage individuals to complain to the...more

11/19/2012 - Dodd-Frank Retaliation Sarbanes-Oxley SEC Securities Whistleblowers

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