News & Analysis as of

Retaliation

Holland & Knight LLP

Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

U.S. Equal Employment Opportunity Commission...

VibraLife of Katy to Pay $80,000 in EEOC Disability Discrimination Lawsuit

HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, will pay $80,000 and furnish other relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) disability...more

Constangy, Brooks, Smith & Prophete, LLP

The termination wasn't perfect, but this employer nailed the retaliation case.

Here are the four things the employer did right. I hope everyone had a fun Halloween last night. And before Halloween gets too far into the distant past, check out this scary HR story: A full-time adjunct instructor at the...more

Marshall Dennehey

Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation...

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City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2024

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #5

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A federal judge late Wednesday ordered the U.S. Department of Veterans Affairs to lock down UCLA’s Jackie Robinson Stadium on the VA’s West Los Angeles campus at noon Thursday until the university comes up with a proposal for...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

U.S. Equal Employment Opportunity Commission...

Cinergy Entertainment Group to Pay $137,000 in EEOC Retaliation Suit

Theater Operator Settles Federal Lawsuit Alleging Company Failed to Rehire Former Employee Because She Previously Filed a Discrimination Charge - CHARLOTTE, N.C. – Cinergy Entertainment Group, Inc., a Texas corporation...more

Thomas Fox - Compliance Evangelist

Supporting Whistleblowers: Lessons from Lon Chaney’s The Wolfman

Ed. Note: This week, leading up to Halloween, I will examine lessons for compliance professionals through the lens of the great Universal Movie Monsters: Frankenstein, Wolfman, Dracula, and The Mummy. Today, we use Lon...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Culver’s for Discriminating Against Transgender Employee and Retaliating Against Him and His Co-Workers

Federal Agency Charges Fast Food Companies Subjected Transgender Manager to Misgendering and Deadnaming and Fired Him and Co-Workers for Complaining - CLARKSTON, Mich. – Five related entities operating Culver’s restaurants...more

Epstein Becker & Green

Courts Stay Consistent on Title VII’s Participation Clause, but the EEOC Has a Different Take

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On October 3, 2024, the United States District Court for the District of Columbia’s Opinion and Order in Mark C. Savignac and Julia Sheketoff v. Jones Day, et al., 19-cv-02443-RDM, addressed Title VII’s “participation...more

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

U.S. Equal Employment Opportunity Commission...

Formel D USA, Inc. to Pay $80,000 in EEOC Sexual Harassment and Retaliation Lawsuit

Federal Agency Charged National Automotive Service Provider Failed to Protect Female Employee from Supervisor’s Harassment and Retaliation - DETROIT – Formel D USA, Inc., an automotive quality control company with...more

Guidepost Solutions LLC

Monitoring Against Whistleblower Retaliation

Guidepost Solutions LLC on

Saves Lives, Prevents Major Crimes, and Accelerates Voluntary Self - Disclosures The U.S. Department of Justice (“DoJ”) recently spotlighted its Whistleblower Awards Program and Voluntary Self Disclosure (“VSDs”)...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Amer Sports for Retaliation

Federal Lawsuit Says Recreational Gear Company Fired Employee After He Complained About Age Discrimination - DENVER – Amer Sports Winter & Outdoor Company, a recreational gear company headquartered in Utah with employees...more

U.S. Equal Employment Opportunity Commission...

EEOC Report Identifies Promising Practices to Improve the Quality of Merit Final Agency Decisions Drafted by Contractors

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released a federal workforce report titled, “Use of Contractors and Agency Agreements for Drafting Merit Final Agency Decisions.”...more

Stevens & Lee

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

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On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

ArentFox Schiff

Silence Is Golden: Court of Appeal Expands Legal Protections for California Medical Staffs

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Expanding on the peer review protections established in Bonni v. St. Joseph Health System, the California Court of Appeal in Dignity Health v. Mounts held that a wide array of medical staff communications regarding peer...more

Payne & Fears

August/September Case Summaries

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Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”...more

Holland & Hart - Employers' Lawyers

EEOC Steps Up Enforcement for Pregnant Workers: What Businesses Need to Know About the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing anti-discrimination laws, has been increasingly active in addressing compliance with regulations affecting pregnant workers. This...more

Davis Wright Tremaine LLP

NLRB General Counsel Expands Attack on Non-Competes, Including Stay-or-Pay Provisions

Continuing in the vein of earlier attempts to crack down on non-competition agreements for employees who are covered under the National Labor Relations Act (the "Act"), the General Counsel of the National Labor Relations...more

King & Spalding

Newsflash – What do the UK’s new employment laws mean for Financial Services?

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The UK’s new Labour government unveiled a package of new workers’ rights yesterday, with wide-ranging ramifications for employers. Whilst the most significant measures will not be implemented until 2026 at the earliest,...more

Lathrop GPM

Eighth Circuit Court of Appeals Affirms Dismissal of Case Based on Plaintiff’s Dishonesty

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Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Harris Beach PLLC

New York Retail Worker Safety Act Aims to Safeguard Retail Workers

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New York Governor Kathy Hochul recently added to the New York State Labor Law by signing a bill titled “the New York Retail Worker Safety Act” (“RWSA”). The State Legislature crafted the RWSA to promote retail worker safety...more

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