News & Analysis as of September 24, 2024

But For Causation

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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 -

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on 1/11/2024

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination

Seyfarth Shaw LLP on 10/9/2019

Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the...more

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on 2/7/2019

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

Jackson Lewis P.C. on 2/20/2017

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Jackson Lewis P.C. on 2/10/2017

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more

Front Pay & Back Pay: How About No Pay?

Butler Weihmuller Katz Craig LLP on 8/4/2016

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2015

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Obermayer Rebmann Maxwell & Hippel LLP on 5/29/2015

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

Parker Poe Adams & Bernstein LLP on 3/13/2015

In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more

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