News & Analysis as of

Adverse Employment Action

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

Every lawyer learns in their first year of law school’s Constitutional Law class that the First Amendment does not shield people from the consequences of their statements. Free speech guarantees only prohibit the government...more

Sex + Discrimination = Liability, Says First Circuit

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department...more

Coral Gables Trust Company to Pay $180,000 To Settle EEOC Sexual Harassment and Retaliation Suit

Male Supervisor Harassed Female Executive Assistant and Marketing Officer and Retaliated After She Complained, Federal Agency Charged - MIAMI - Coral Gables Trust Company (CGTC), a South Florida-based privately held trust...more

Multilayer Performance Review Can Help Avoid 'Cat's Paw' Claims

In order to prove disparate treatment discrimination under federal employment laws, plaintiffs must demonstrate that the decision-maker in an adverse action was at least partially motivated by discriminatory intent. Federal...more

EEOC Sues Beavers’ Inc. / Arby’s For Sexual Harassment of Teen Workers

Atmore Arby's Management Ignored Ongoing Sexual Harassment Despite Repeated Employee Complaints, Federal Agency Charges - BIRMINGHAM, Ala. - Beavers' Inc., doing business as several Arby's franchises in the Southeast,...more

Attorneys’ Fees Denied To Plaintiff Even Though He Proved His Termination Was Substantially Motivated By His Disabilities

by Low, Ball & Lynch on

Bustos v. Global P.E.T., Inc., et al., - Fourth Appellate Court of Appeal, No. E065869 (Jan. 16, 2018) - The California Court of Appeals affirmed the denial of attorneys’ fees for an employee despite the jury finding...more

Recovering Alcoholic’s Claims Dismissed Because He Did Not Show He Was “Disabled”

by Jackson Lewis P.C. on

A federal court in New York dismissed all claims asserted by a recovering alcoholic under the Americans with Disabilities Act and the Rehabilitation Act for numerous reasons including that he did not show he was “disabled.”...more

Through Good Times and Bad: Husband Has Retaliation Claim Based on Assisting Spouse’s Pregnancy Discrimination Claim

by Sherman & Howard L.L.C. on

A federal district court in Kansas denied a car dealership’s motion for summary judgment regarding a former sales manager’s retaliation claims. Specifically, the sales manager contended that the company fired him because he...more

Religious Liberty v. Gender Identity – Sixth Circuit Grants Summary Judgment to EEOC in Transgender Discrimination Case

Like the recent proliferation of sexual harassment discussions in the workplace, issues concerning transgender employees are slowly but surely confronting employers and policies that may reinforce sex and gender stereotypes....more

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

Trap For The Unwary: Elimination Of The Position As Opposed To Termination For Cause

by Weintraub Tobin on

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to...more

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception

by Franczek Radelet P.C. on

On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield...more

Maine Department Of Labor Provides No Guidance Concerning The Impact Of The State’s Recreational Marijuana Law On Workplace Drug...

by Jackson Lewis P.C. on

Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged, the law prohibits employers from taking adverse employment actions for off-premises...more

That’s What Friends Are For: Federal Court Extends Retaliation Protection To Employee’s Friend

by Jackson Lewis P.C. on

Picture this scenario: Employee A brings a sexual harassment claim against Company. Employee B, who is friendly with Employee A believes the Company has taken adverse actions against her because of her friendship with...more

Key California Employment Law Cases: January 2018

by Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

Employers Prevail in FCRA Class Actions

by Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Mississippi Federal Court Denies Summary Judgment on SOX Whistleblower Claim

On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated...more

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your...more

3d Circuit Clarifies Standard in FCA Retaliation Cases

In a precedential decision, the Third Circuit Court of Appeals held that the “but-for” standard applies in retaliation cases filed under the False Claims Act (FCA). The False Claims Act prohibits retaliation against employee...more

Employee Social Media and Employee Discipline – Caution

by Ruder Ware on

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

by Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In

by Snell & Wilmer on

Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances,...more

Maine Employees Now Protected From Repercussions Of Off-Duty Marijuana Use

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

by Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

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