Adverse Employment Action

News & Analysis as of

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

The Point Of An Unenforceable Noncompete May Be Very Sharp Indeed

Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really care about but...more

Sex in the Workplace Is Not Always Cause for Dismissal

It may be surprising to some, but sex in the workplace is not always sufficient cause for dismissal. In a Federal Court of Appeal decision (Payne v. Bank of Montreal, 2013 FCA 33), an employee’s dismissal for sex in the...more

Kaiser Permanente to Pay $75,000 to Settle EEOC Disability Discrimination Suit

Worker With Hydrocephalus Was Denied a Free Job Coach to Assist With Training, Then Fired, Federal Agency Charged - SAN DIEGO, Calif. - Kaiser Permanente, the largest managed care organization in the United States,...more

Implementing An Employee Wellness Program? Be Careful - The EEOC Is Interested

According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and...more

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham &...more

EEOC Sues First Title & Escrowand Related Companies for Disability Discrimination

Settlement Services Companies Revoked Part-Time Schedule and Terminated Employee Who Needed Dialysis, Federal Agency Charges - BALTIMORE - Rockville, Md.-based First Title & Escrow, Inc. and its related companies that...more

Reacting to Employee Off-The-Job Misconduct

A very concerned CEO calls his attorney. He has just learned that several months ago a key employee punched his fiancée, knocking her unconscious. There was a criminal charge that was dismissed, and the couple later married,...more

Dollar General Sued by EEOC for Sexual Harassment and Retaliation

Tennessee-Based Corporation Allowed a Manager to Sexually Harass a Female Employee, Then Fired Her for Reporting the Abuse, Federal Agency Charges - ATLANTA - Dolgencorp, LLC. dba Dollar General, violated federal law...more

Firing Employees for Critical Facebook Comments May Be Unlawful

Employers can sometimes lawfully fire employees for posting critical comments about their jobs on social media, even if employees post the comments on their own time and on their own equipment. However, that's not always the...more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

EEOC Sues Careall for Race Discrimination

Nashville Home Health Care Company Fired Administrator Because of Race, Federal Agency Charges - NASHVILLE, Tenn. - A Nashville-based home health care provider discharged a black administrator because of his race in...more

EEOC Lawsuit Challenges Flambeau Over Wellness Program

Threats of Insurance Cancellation and Discipline Make Program Involuntary and Violate Disabilities Act, Federal Agency Charges - MADISON, Wisc. - Flambeau, Inc., a Baraboo, Wis.-based plastics manufacturing company, is...more

Fifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms,...more

EEOC Sues Rhino Eastern for National Origin Discrimination and Retaliation

Mining Company Fired Foreman Because He Complained About Pervasive Harassment Based on His Polish Ancestry, Federal Agency Says - BECKLEY, W.V. - Mining company Rhino Eastern LLC violated federal law when it subjected...more

EEOC Sues Carolina Metal Finishing for Racial Harassment

Bishopville Plant Subjected African-American Employee to Racial Abuse and Fired Him for Complaining, Federal Agency Charges - COLUMBIA, S.C. - Carolina Metal Finishing, LLC, a Bishopville, S.C.-based metal finishing...more

Colorado Supreme Court Hears Arguments In Medical Marijuana/Discharge Case

Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more

EEOC Sues Texas Oilfield Services Company for Retaliation

Garrison Contractors Fired Its Only Female Oilfield Roustabout After Reporting Sexual Harassment, Federal Agency Charges - DALLAS - An Iraan, Texas oilfield construction and services company violated federal...more

Harrison Poultry Sued by EEOC for Disability Discrimination

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

Kroger Sued by EEOC for Violating ADA

Grocery Giant Fired Cashier at Howell Store Because of Back Impairment, Federal Agency Charges - DETROIT - The Kroger Company of Michigan violated federal law by failing to provide a reasonable accommodation to an...more

Post navigation Texas Court Holds Insurer Prejudiced By Late Notice

In its recent decision in C.L. Thomas v. Lexington Ins. Co., 2014 Tex. App. LEXIS 10148 (Tex. App. Sept. 11, 2014), the Court of Appeals of Texas had occasion to consider whether an insurer was prejudiced by untimely notice...more

Papa John’s Discriminated Against Employee with Down Syndrome, EEOC Charges in Suit

Pizza Delivery Company Unlawfully Refused Job Coach for Worker With Intellectual Disability and Then Fired Him, Federal Agency Charges - PHOENIX - PJ Utah LLC, PJ Cheese, Inc., and PJ United, Inc., collectively doing...more

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