News & Analysis as of

Termination Retaliation Supreme Court of the United States

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Baker Donelson

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

Baker Donelson on

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find...more

Sherman & Howard L.L.C.

Supreme Court Confirms Corporate Whistleblowers Don't Have to Prove Retaliatory Intent

Tackling the tricky issue of how a plaintiff proves an employer's “intent,” in an opinion issued today, the United States Supreme Court unanimously held that under the Sarbanes-Oxley Act of 2002, corporate whistleblowers have...more

Vinson & Elkins LLP

Supreme Court Set to Review Burden of Proving Retaliatory Intent in SOX Whistleblower Suits: Employee or Employer?

Vinson & Elkins LLP on

On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more

Jackson Lewis P.C.

U.S. Supreme Declines to Resolve Circuit Split on False Claims Act Anti-Retaliation Provisions

Jackson Lewis P.C. on

The U.S. Supreme Court has declined to settle a split among federal appeal courts on whether former employees are covered by whistleblower anti-retaliation protections contained in the False Claims Act (FCA). United States ex...more

Baker Donelson

What 2013 Gifts will Employers be Enjoying well into 2014?

Baker Donelson on

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

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

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on

The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

BakerHostetler

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

BakerHostetler on

On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

Miller Canfield

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Miller Canfield on

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

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

U.S. Supreme Court Issues Two Key Title VII Rulings

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

Proskauer - Whistleblower Defense

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

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