News & Analysis as of

Retaliation Federal Employees

Jackson Lewis P.C.

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Jackson Lewis P.C. on

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more

Kohn, Kohn & Colapinto LLP

Biden’s Third Nomination to the MSPB Should Trigger Fast Confirmation Hearings

On January 8, 2017 the U.S. Merit Systems Protection Board (“MSPB”) lost its quorum and was no longer able to issue any final orders in federal employee whistleblower cases. This triggered, in the words of the , the “most...more

FordHarrison

Third Circuit Agrees with Other Appeals Courts – Federal Employees may Bring Retaliation Claims under Title VII

FordHarrison on

On March 12, 2019, the U.S. Court of Appeals for the Third Circuit clarified in a published opinion that federal employees may bring retaliation claims under Title VII of the Civil Rights Act of 1964 even though the...more

Mintz - Employment Viewpoints

Some Disaster Relief Workers Are Protected Employees under USERRA

Hurricanes. Fires. Floods. Shootings. The evening news seems consistently laden with catastrophe. In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action. The...more

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

Dickinson Wright on

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

Jackson Lewis P.C. on

The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Miller Canfield

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

Miller Canfield on

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

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

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

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