News & Analysis as of May 30, 2025

Appeals

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on 4/10/2025

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

Holland & Hart - Employers' Lawyers on 8/19/2024

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

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

Miller Canfield on 5/14/2024

“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

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Parker Poe Adams & Bernstein LLP on 2/23/2024

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

Fisher Phillips on 11/20/2023

A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on 6/21/2023

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

California Supreme Court Adopts Broader Definition of “Disclosure” Under State Whistleblower Law

Sheppard Mullin Richter & Hampton LLP on 6/7/2023

In People ex rel. Garcia-Brower v. Kolla’s, Inc., the California Supreme Court resolved a split between the Courts of Appeal for the First and Second Districts over whether a protected “disclosure” under Labor Code section...more

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/21/2022

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

Bass, Berry & Sims PLC on 9/2/2022

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

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

Tennessee Court Offers Insights on Viability of Whistleblower Claims

Butler Snow LLP on 9/17/2020

Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

Hinshaw & Culbertson - Employment Law... on 8/11/2020

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this...more

Reconsidering Religious Accommodations In Light Of The Pandemic

Fisher Phillips on 8/6/2020

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Butler Snow LLP on 7/15/2020

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

Proskauer - Law and the Workplace on 2/28/2020

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on 2/19/2020

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on 2/13/2020

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

California Appeals Court Opines on Interplay Between Employment Discrimination Claims and Anti-SLAPP Laws

Robins Kaplan LLP on 2/12/2020

A California appellate court last week issued a decision in Wilson v. CNN, applying and interpreting the scope of last year’s Supreme Court ruling in the same case, which had itself resolved a circuit split in the state as to...more

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

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Hiring & Firing › Retaliation › Appeals

Littler Lightbulb – March 2025 Employment Appellate Roundup

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

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

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

California Supreme Court Adopts Broader Definition of “Disclosure” Under State Whistleblower Law

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

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

Tennessee Court Offers Insights on Viability of Whistleblower Claims

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

Reconsidering Religious Accommodations In Light Of The Pandemic

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

California Appeals Court Opines on Interplay Between Employment Discrimination Claims and Anti-SLAPP Laws

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Key California Employment Law Cases: November 2019

Key California Employment Law Cases: October 2019

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

Key California Employment Law Cases: June 2019

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

Hiring & Firing › Retaliation › Appeals

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