News & Analysis as of

Retaliation Adverse Action

Dechert LLP

Supreme Court Shifts Whistleblower Protection Landscape

Dechert LLP on

The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case

Jackson Lewis P.C. on

Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

Jackson Lewis P.C.

Seventh Circuit Upholds High Bar For Plaintiffs Filing Retaliation Claims

Jackson Lewis P.C. on

The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of...more

Sherman & Howard L.L.C.

Don’t Taint Your Investigation

The importance of a thorough, independent investigation prior to taking adverse employment action was reaffirmed this week by the Fifth Circuit in Brown v. Walmart. Brown sued her employer, Walmart, for retaliation when she...more

Bass, Berry & Sims PLC

Fourth Circuit Weighs in on Standards for Pleading Presentment and Retaliation

On December 26, 2018, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in United States ex rel. Grant v. United Airlines affirming dismissal of the relator’s False Claims Act (FCA) allegations on the grounds...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Bradley Arant Boult Cummings LLP

Calling ICE about Your Plaintiff Could Make You the Defendant

An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can the...more

Foley & Lardner LLP

EEOC Issues New Retaliation Guidance

Foley & Lardner LLP on

For the first time since 1998, the Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance on retaliation. Retaliation claims have been a growth industry over the last 18 years. Back in 1998...more

Spilman Thomas & Battle, PLLC

Easier Retaliation Claims on the Horizon? EEOC Proposes New Guidance

The Equal Employment Opportunity Commission (“EEOC”) is considering easing the burden a complaining employee faces to establish a claim for retaliation in proposed revisions to its Enforcement Guidance on Retaliation...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

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