Adverse Employment Action

News & Analysis as of

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Recently, the Northern District of Illinois issued its opinion in Wong v. Board of Education of Community Consolidated School District 15. Although the court’s decision does not address novel arguments or depart from prior...more

NC Business Court On A Barely Ever Referenced Rule Of Civil Procedure And A Host Of Employment-Related Claims

There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say?...more

Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a...more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

Common Sense Prevails: Arbitration Award OK’ing On-Duty Drug Usage Overturned

In the world of labor arbitration, common sense sometimes takes a holiday. Fortunately, a Superior Court judge recently overturned an arbitrator’s attempt at second guessing an employer’s response to serious misconduct...more

Shefa Wellness Center Sued by EEOC for Pregnancy Discrimination

Company Violated Federal Law by Firing Pregnant Employee, Federal Agency Charged - ATLANTA - CFS Health Management Inc., d/b/a Shefa Wellness Center, a Canton, Ga., medical practice specializing in cosmetic skin care...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

Utah Legislature Expands Antidiscrimination Laws to Address LGBT and Religious Rights

Last night, the Utah House passed landmark legislation (the "Act") already approved by the Senate that modifies Utah's antidiscrimination and fair housing acts to provide protection for lesbian, gay, bisexual, and transgender...more

Fifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim

When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory...more

Employers: What You Need to Know if You Conduct Background Checks - Despite its name the FCRA does not just apply to credit...

Your decision to hire a new employee or promote an existing one may depend on the findings of a background check. Did you know that you need to comply with the Fair Credit Reporting Act (the “FCRA”) if you perform background...more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Employer Is Not Required To Eliminate An Essential Job Function In Order To Reasonably Accommodate Disability

In Nealy v. City of Santa Monica, 2015 WL 632228, the Second District Court of Appeals held that an injured worker was properly denied the right to return to work where he was unable to perform essential functions of his job...more

California Court Of Appeal Finds The City Of Santa Monica Was Not Required To Eliminate Essential Job Functions To Accommodate...

The California Court of Appeal for the State of California, Second Appellate District upheld the City of Santa Monica's ("City") award of summary judgment in Nealy v. City of Santa Monica (Cal. Ct. App., Jan. 21, 2015,...more

New York Court Refuses to Enforce Agreement's Covenant Not to Compete Where Employer Breached the Agreement First

The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227...more

Ex-Dallas ISD Employees Say HR Department Operated Through Fear, Retaliation

Shortly after Chrystal Thierry refused to approve some extremely high pay raises for several top administrators within the Dallas Independent School District, she says she became the victim of retaliation. As the compensation...more

Justice Department Settles Sexual Harassment and Retaliation Suit Against the State of Maryland, Queen Anne’s County, and the...

WASHINGTON - The Justice Department announced today that it has entered into a consent decree with the state of Maryland and the Queen Anne's County Sheriff. If approved by the court, the settlement will resolve Murphy-Taylor...more

Former California State Bar Director Files Wrongful Termination Suit

Former senator Joe Dunn has filed a wrongful termination lawsuit against the State Bar of California, claiming that the organization fired him from his position as Executive Director after he reported various ethical breaches...more

Court Rules That Outing a Whistleblower Constitutes Retaliation

When whistleblowers intend to remain in their company after alerting authorities to wrongdoing, it is imperative that they are able to maintain their privacy so that they would not be the victims of retaliation by other...more

Facebook Post Lands Teacher in Hot Water

On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody...more

Rare Claim Falls Outside Arbitration Agreement, Creates Piecemeal Litigation

Because of the strong federal policy favoring arbitration, and cases providing that any doubt about the scope of an arbitration agreement must be resolved in favor of arbitration, it is uncommon to find a decision holding...more

Case Alert: Dismissal for Non-Work Related, Personal Tweets

What happened? In Game Retail Ltd v Laws, the Employment Appeal Tribunal (EAT) decided that an employer had acted reasonably when dismissing an employee for use of his personal Twitter account for non-work related but...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

Blog: Disclosure of employee litigation in periodic reports: between Scylla and Charybdis?

A recent case from the 7th circuit, Greengrass v. International Monetary Systems, Ltd., No. 13-2901, decided January 12, 2015, may be useful to keep in mind now that it’s 10-K season. ...more

Whistleblower Fired After Uncovering ‘Too Much Corruption’

A whistleblower case involving a nonprofit organization made big news recently after an employee was fired for “uncovering too much corruption” in grants given to the organization. That employee was John Parsons, a former...more

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