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Public Employees Summary Judgment

Fox Rothschild LLP

Fascinating Recusal Issue Facing Supreme Court Of North Carolina

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Last month I blogged about a Fourth Circuit case that saw an eleventh-hour judge recusal. The Supreme Court of North Carolina is now facing a similar issue, times five. The case involves a class action challenging a law...more

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

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more

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

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Seyfarth Shaw LLP

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more

Dorsey & Whitney LLP

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

Nossaman LLP

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

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

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

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

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

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

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