News & Analysis as of

Retaliation

Drug Testing and OSHA Retaliation – Can We Test or Not?

by Baker Donelson on

As many employers know, OSHA published a Final Rule on May 12, 2016 that amended the Code of Federal Regulations to add additional provisions regarding proper reporting and retaliation for workplace reporting. OSHA took the...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

by Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Life University Sued By EEOC for Race Discrimination and Retaliation

Two Black Employees Targeted for Discipline Because of Their Race, Then Fired for Complaining About Discrimination, Federal Agency Charges - ATLANTA - Life University, Inc., the largest chiropractic college in the United...more

Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers

by Nexsen Pruet, PLLC on

Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination...more

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for Lack of SEC Complaint

The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by an ex-project manager, finding that Plaintiff failed to...more

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation

Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found - CHICAGO - Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals...more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Claim Because Retaliation Claims Were Already Arbitrated

The Southern District of New York recently dismissed Dodd-Frank whistleblower retaliation claims brought by an employer’s ex-President and an ex-Director pursuant to Rule 12(b)(6) on res judicata grounds, determining that...more

Minnesota Supreme Court clarifies requirements for state whistleblower lawsuits

by Dorsey & Whitney LLP on

An opinion issued by the Minnesota Supreme Court on August 9, 2017, could be the basis for more lawsuits by employees accusing employers of retaliating against them for reporting alleged wrongdoing. The case is Friedlander v....more

Does Making Any Complaint About Work Now Turn An Employee Into A Possible Whistleblower Under Minnesota Law?

by Littler on

The Minnesota Supreme Court issued a unanimous opinion on August 9, 2017 in Friedlander v. Edwards Lifesciences, LLC, finding that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) abrogated the requirement that...more

Top Ten List – Track These 10 Important Employment Bills as the California Legislative Year Comes to a Close

by Fisher Phillips on

When the Legislature reconvenes from its summer recess on August 21, it will have only a few short weeks to finish work on legislation for this year. All bills must be passed and sent to Governor Brown by September 15, who...more

EEOC Sues Candid Lithio for Sex Discrimination, Harassment, and Retaliation

Female Employee Subjected to Sex Discrimination and Discharged Along with Co-Workers Associated with Her, Federal Agency Charges - LAS VEGAS - Candid Lithio, a creative design services company violated federal law when...more

EEOC’s Motion For Sanctions Granted Over Employer’s Failure To Preserve And Produce Records

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a...more

OSHA Releases New Online Whistleblower Complaint Form For Workers

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has released a revised online whistleblower complaint form. In an announcement, Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt said,...more

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of...more

Court Rules Dodd-Frank Whistleblower Retaliation Claims Are Arbitrable

We have previously written about how Dodd-Frank retaliation cases are a mixed bag for employers and about the Supreme Court’s expansion of Sarbanes-Oxley (“SOX”) Whistleblower protections. A new decision from the Wisconsin...more

FCA Deeper Dive: FCA Retaliation Claims

by Bass, Berry & Sims PLC on

The FCA provides protections for whistleblowers in connection with their whistleblowing activities. To establish that an employer retaliated against an employee in violation of 31 U.S.C. § 3730(h), an employee must...more

Massachusetts Court Holds Upholds Exclusion Applicable to Personal and Advertising Injury

In its recent decision in National Union Fire Ins. Co. v. Town of Norwood, 2017 U.S. Dist. LEXIS 116638 (D. Mass. July 26, 2017), the United States District Court for the District of Massachusetts had occasion to consider the...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

by Littler on

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

Taylor Shellfish to Pay $160,000 To Settle EEOC Racial Harassment Suit

Black Mechanic Forced to Quit After Enduring Slurs, Stereotypes and Retaliation, Says Federal Agency - SEATTLE - The largest producer of farmed shellfish in the United States, Taylor Shellfish, will pay $160,000 and...more

Third Circuit Revives In-House Attorney’s Whistleblower Claim

On July 25, 2017, the Third Circuit allowed a plaintiff who was an in-house attorney to proceed with a whistleblower retaliation lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA) based on its...more

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

Second Circuit Sets False Claims Act Pleading Standard For Claim Information

by Farrell Fritz, P.C. on

Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long as he can allege facts leading to a strong inference...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

1,589 Results
|
View per page
Page: of 64
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.