Termination, Discrimination, Adverse Employment Action

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

Bradley Arant Boult Cummings LLP on 1/19/2023

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on 11/21/2016

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

Seyfarth Shaw LLP on 10/31/2016

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Foley & Lardner LLP on 10/7/2015

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Retaliation: Realities and Myths

Zelle LLP on 6/25/2015

Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

Hinshaw & Culbertson LLP on 3/30/2015

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

California Family Rights Act Interference Claims Proceed

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/31/2014

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

How Do You Win a Discrimination Case?

Pullman & Comley - Labor, Employment and... on 10/28/2013

Obviously, the simple answer is to not discriminate. But it also is important to have well-documented facts that support a business-related justification for the employer’s action and to demonstrate the plaintiff’s lack of...more

In the wake of the California Supreme Court's Harris Decision, A FEHA Claimant Must Show Discrimination was a "Substantial...

Sheppard Mullin Richter & Hampton LLP on 9/12/2013

It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management...more

Oregon Court of Appeals Continues Debate About Status of Wrongful Discharge Claims In Oregon in Kemp v. Masterbrand Cabinets, Inc.

Stoel Rives LLP on 7/25/2013

Last week the Oregon Court of Appeals issued its opinion in Kemp v. Masterbrand Cabinets, Inc., holding that the plaintiff’s common law wrongful discharge claim was not precluded by the statutory remedies then available under...more

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

Laner Muchin, Ltd. on 7/10/2013

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Termination › Discrimination › Adverse Employment Action