News & Analysis as of

Employee Evaluations Retaliation

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Littler

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

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All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

Polsinelli on

With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Williams Mullen

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Ballard Spahr LLP

GAO report shows continuing CFPB employee concerns related to fair treatment

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A report last month issued by the Government Accountability Office (GAO) found that a survey of nonexecutive CFPB employees revealed “heightened concerns related to fair treatment, trust that employees can raise concerns...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

Ballard Spahr LLP

CFPB Employee Review Disparities Go Beyond Race

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The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

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