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Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

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Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Polsinelli

Tenth Circuit Confirms that Compliance Employees Must Satisfy Heavier Burden to Obtain FCA Whistleblower Protection

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On April 30, 2019, the U.S. Court of Appeals for the Tenth Circuit in United State ex rel. Reed v. KeyPoint Government Solutions affirmed the dismissal of an employee’s False Claims Act (FCA) whistleblower retaliation claim....more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

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Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Fisher Phillips

SCOTUS Slams Door On Attempt To Expand Retaliation Law

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Yesterday’s decision is good news for employers. It limits the ability of disgruntled former employees to seek whistleblower protection under the Dodd-Frank Act, and means there is one fewer weapon out there to be used...more

Miles & Stockbridge P.C.

Who is a Whistleblower? The Supreme Court Will Give the Final Word

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Next term the Supreme Court hopefully will provide an answer to the hotly debated question whether the Dodd-Frank Act’s anti-retaliation provision (Section 21F) protects only those whistleblowers who report violations to the...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

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Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Orrick, Herrington & Sutcliffe LLP

Second Circuit Splits With Fifth Circuit Setting Up Possible Supreme Court Review: Are Internal Whistleblowers Protected Under...

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On September 10, 2015, a divided panel of the Second Circuit issued an opinion in Berman v. Neo@Ogilvy LLC, No. 14-4626 (2nd Cir. Sept. 10, 2015), creating a split with the Fifth Circuit on an issue that has also divided...more

Williams Mullen

Fourth Circuit Rejects “Manager Rule” in Title VII Cases

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In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...more

Sheppard Mullin Richter & Hampton LLP

What is Retaliation in the Second Circuit Under the FLSA?

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On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more

Parker Poe Adams & Bernstein LLP

Telling Harasser to Stop Conduct Protects Employee from Retaliation

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Title VII and related federal civil rights laws prohibit employers from retaliating against an employee who files a claim, participates in an investigation or opposes conduct prohibited under anti-discrimination laws....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations

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Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case

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Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William...more

Mintz - Employment, Labor & Benefits...

Second Circuit Synchs Up With its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim on Oral Complaints to...

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This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear...more

Proskauer - Whistleblower Defense

Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer

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In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee...more

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