Adverse Employment Action

News & Analysis as of

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more

Fourth Circuit Says Verbal Conduct Can Rise to Level of Actionable Harassment

Not all offensive conduct in the workplace rises to the level of an actionable sexual harassment claim. Federal courts have repeatedly held that in order to cross the line into an offensive working environment, the conduct...more

Media Company Charged with Frat House Atmosphere in Sexual Harassment Suit

A nationwide media company is facing a sexual harassment lawsuit claiming the "adult frat house" culture of its southern California office contributed to multiple instances of sexual harassment by male employees against...more

Employees can have their transfer and sue you too!

A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it merely gave the employee...more

Jury in EEOC Suit Says Old Dominion Freight Line Must Pay Former Driver $119,612 for Disability Bias

Trucking Company Fired Pickup and Delivery Driver Who Self-Reported Alcohol Abuse, Federal Agency Charged - FORT SMITH, Ark. -- A federal jury has found that Old Dominion Freight Line, Inc., a trucking company...more

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more

Fifth Circuit Rules Revealing Whistleblower's Identity Is Materially Adverse Action

The Fifth Circuit Court of Appeals recently ruled that a notice revealing a whistleblower's identity to other employees can be considered a "materially adverse" action and violates the Sarbanes-Oxley Act of 2002 (SOX). The...more

OSHA Hands Down Record Award Under Federal Railroad Safety Act

The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more

Undocumented Workers Are Protected by Wisconsin's FMLA

Wisconsin’s court of appeals, in a published opinion written by Judge Reilly, recently decided that undocumented workers are protected by Wisconsin’s Family and Medical Leave Act (FMLA). Burlington Graphic Systems v. DWD,...more

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

EEOC Sues DHD Ventures and Affiliated Companies for Racial Harassment and Retaliation

Real Estate Management Company Fired Employees After Complaining About Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based real estate management company,...more

Judge Will Allow Dow Whistleblower to File Wrongful Termination Suit

A federal judge is allowing an ex-fraud investigator for Dow Chemical Co. to pursue a wrongful termination claim. Kimberly Wood, who had worked for 25 years at Dow before the company fired her in October, alleges that the...more

NLRB In ConAgra Ruling Signals What May Be Solicitation

The National Labor Relations Board recently decided that discipline of an employee for violation of the employer’s nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the...more

Non-Profit Social Service Agency to Pay $309,000 to Settle EEOC Disability Discrimination Lawsuit

Comprehensive Behavioral Health Center Refused To Accommodate Long-Term Employee With Multiple Sclerosis And Denied Her Rehire, Federal Agency Charged ST. LOUIS -- Comprehensive Behavioral Health Center (CBHC), a non-profit...more

Kaufman Children’s Center Sued by EEOC for Disability Discrimination

Disabled Employee Barred from Returning to Work after Medical Leave, Federal Agency Charges - DETROIT - Kaufman Children's Center violated federal law when it terminated an employee with a disability returning to work...more

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

LA County Employee’s Retaliation Claim Fails but Disability Bias Claim Moves Forward

Barseghyan v. County of Los Angeles, No. B249184 (November 20, 2014): A California Court of Appeal recently held that an employee whose new supervisors were unaware that she had filed a sexual harassment complaint in her...more

Former St. Petersburg VA Attorney Files Whistleblower Suit

Javier Soto was at one point a Ratings Benefits Services Representative for the St. Petersburg region office of the Department of Veterans Affairs. However, after he released a report that spoke to the “poor, inept and...more

SDNY Says Whistleblowers Must Report to the SEC

In Berman v. Neo@ogilvy LLC, the Unites States District Court for the Southern District of New York held an employee must report information to the SEC in order to qualify for the anti-retaliation protections afforded by the...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Ohio Supreme Court Holds that an Actual Report of Suspected Abuse or Neglect to the Ohio Director of Health Is Not Required to...

Rather, employees need only report the suspected abuse or neglect of a nursing home resident to their supervisor, coworker or a resident’s family member ? and not to the Ohio Director of Health ? in order to state a statutory...more

Bright Petroleum, Inc. Shareholders/Officers to Pay $15,000 to Settle EEOC Retaliation Suit

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charged - INDIANAPOLIS - Two shareholders/officers of the dissolved corporation Bright Petroleum Inc. d/b/a The Bright Market, will pay...more

Whistleblower Takes Next Step in Lawsuit Against Philadelphia School District

Four years ago, Francis X. Dougherty was fired after revealing the existence of a $7.5 million no-bid security camera contract within the Philadelphia School District. Now, he has won a major victory in his whistleblower...more

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