News & Analysis as of

Demotions

Crossing professional boundaries: Demotion leads to sex bias claims

by Kirton McConkie PC on

EMPLOYER LIABILITY - The workings of the human mind have fascinated and per­plexed people for eons. Scientists, artists, politicians, lawyers, and theologians have all grappled, in one way or another, with how the mind...more

How To Prepare For Retaliation From Filing Business Divorce Litigation

Many shareholders contemplating getting a “business divorce” have put up with an intolerable situation for years, because they fear that filing a shareholder oppression lawsuit will somehow make matters even worse.  They...more

Gavel to Gavel: Consistency of judgment

by McAfee & Taft on

It’s a common scene played out in employment discrimination and retaliation lawsuits everywhere: An employee is demoted, terminated, or otherwise affected by an employer’s action. The employer claims the decision was made for...more

Court finds ethical considerations, not same-sex relationship, determined demotion decision

by McAfee & Taft on

The issue of pretext recently played out in a sex discrimination case in which the Tenth Circuit Court of Appeals had to decide whether an employer’s reasons for demoting an employee were legitimate or just a ruse to cover up...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

EEOC Sues Camp Corporation for Sex and Disability Discrimination

Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more

Having Election News Withdrawal?

by Ward and Smith, P.A. on

Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

by Dentons on

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

by Nossaman LLP on

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

Supreme Court Extends Public Sector Employees' First Amendment Rights

by BakerHostetler on

A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public...more

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

by Best Best & Krieger LLP on

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Employment Practices Newsletter - May 2016

by Hinshaw & Culbertson LLP on

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

by Franczek Radelet P.C. on

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was...more

Supreme Court Expands First Amendment Protections For Public Employees

by Miller Canfield on

On April 26, 2016, the United States Supreme Court ruled that when a public employer demotes an employee out of a desire to prevent that employee from engaging in First Amendment protected activity, the employee can challenge...more

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

by Jackson Lewis P.C. on

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

Perception Is Everything: Supreme Court Expands First Amendment Protections for Public Employees

by Hinshaw & Culbertson LLP on

In a decision that may expand the "zone of interest" protected by the First Amendment via 42 U.S.C. §1983, the Supreme Court in Heffernan v. City of Paterson, strengthened free speech rights for public employees by holding a...more

The Supreme Court – April 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued a decision in one case on April 26, 2016: - Heffernan v. City of Paterson, No. 14-1280: Petitioner Jeffrey Heffernan was a police officer in Paterson, New Jersey. Heffernan...more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Male Minister Who Won’t Wear Makeup Sues For Religious Bias

Boy, the Detroit area seems to be in the front lines for the gender-identity wars. As I’ve previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile...more

Employee Tells a Co-Worker That He Plans to Misuse FMLA Leave. Court Says It's OK to Demote 'Em!

by Franczek Radelet P.C. on

Keith was a manager for Costco. By all accounts, he wasn’t a very good employee. The store disciplined Keith over customer complaints, dress code violations, and failing to perform his job duties. Consequently, he was...more

Failure to Promote Employee on Maternity Leave Results in Litigation

by FordHarrison on

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination...more

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