News & Analysis as of

Retaliation

Parker Poe Adams & Bernstein LLP

Reminder: ADA Prohibits Automatic Termination Following a Set Leave Period

In the past several months, we have run across several employee handbook or other employer policies that provide for termination of employment if an employee does not return from medical leave following a certain amount time,...more

Sands Anderson PC

Ten Common Employment Law Mistakes That Get Employers Sued (a Management-Side Perspective)

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Most employment lawsuits don’t start with dramatic misconduct or bad actors. They start with small, avoidable decisions that no one thought would matter—until they did....more

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

Key Takeaways From Oregon’s 2026 Legislative Session

The Oregon legislature’s 2026 session adjourned on March 6, 2026. Several labor and employment law–related bills were proposed, and a handful of measures were enacted. Below is a summary of the key laws that Oregon employers...more

Warner Norcross + Judd

Global Mobility Risks for Automotive Employers: Lessons from Recent U.S. Jury Verdicts

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A recent federal jury verdict against BMW Manufacturing Co., LLC highlights the legal risks that can arise when global mobility practices intersect with U.S. anti-discrimination laws. For automotive companies operating U.S....more

Dickinson Wright

It Ends with Contractor Status: Lessons from Blake Lively’s Sexual Harassment Case

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On April 2, 2026, Judge Lewis J. Liman of the Southern District of New York issued an opinion in Lively v. Wayfarer Studios LLC et al., No. 24-CV-10049, dismissing ten of thirteen claims actress Blake Lively brought against...more

Proskauer - California Employment Law

Lights, Camera … Legal Power: Lively v. Wayfarer and the Expanding Reach of FEHA

The recent court opinion in Lively v. Wayfarer Studios LLC et al is quite literally a Hollywood drama, but it’s chock-full of practical lessons for employers in and outside Tinseltown —particularly those with connections to...more

Littler

Blow the Whistle, Get Paid: Treasury’s New Proposed Weapon Against Financial Crimes, Including Healthcare Fraud

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On March 30, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released a proposed rule to implement a new whistleblower reward program. The proposed whistleblower program would follow...more

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

Reasonable Accommodations for Employees with Autism: A Practical Guide

Because April is World Autism Awareness Month, it’s an appropriate time for employers to assess whether their hiring practices and workplace accommodations are inclusive for job candidates and employees who are on the autism...more

Sullivan & Worcester

What Non-Celebrities Can Learn about Contract and Workplace Issues from the Lively/Baldoni Decision

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In a lawsuit, allegations of bad behavior count only if there is a legal line that was arguably crossed. Blake Lively alleged that she experienced sexual harassment while working on “It Ends with Us” and then faced...more

Fox Rothschild LLP

The AI Workforce Shift Is Here: What In-House Counsel and HR Leaders Need to Know About Lawful Reductions in Force

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Artificial intelligence is no longer a theoretical disruption—it is actively reshaping how work gets done. Across industries, AI and automation are eliminating entire categories of jobs, from data entry and customer service...more

Bradley Arant Boult Cummings LLP

Lights, Camera… Liability: A Practical Playbook for Employers from the Blake Lively v. Justin Baldoni Opinion

When workplace disputes move from behind the scenes to the front page, the script doesn’t change as much as one might expect. Last week, the Southern District of New York issued an opinion in Blake Lively v. Justin Baldoni...more

Conn Maciel Carey LLP

Proposed Changes to DOL’s Administration of Whistleblower Protections: Will OSHA Only Be Investigating Retaliation Complaints...

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The Occupational Safety and Health Act (OSH Act) has long protected employees who raise concerns about workplace health and safety. Indeed, Section 11(c) of the Act, codified at 29 U.S.C. § 660(c), requires the Secretary for...more

Cozen O'Connor

Multistate Coalition Defends Law Firms in Trump EO Appeals

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A coalition of 21 AGs led by Illinois, Massachusetts, New Jersey, and Washington filed an amicus brief in the D.C. Circuit Court of Appeals backing four law firms challenging what the states describe as retaliatory executive...more

Littler

Oregon Court Clarifies That Asking for a Raise is Protected by Wage Transparency Law

Littler on

In a clarification of Oregon’s wage transparency statute, the Oregon Court of Appeals has held that ORS 659A.355 protects an employee from retaliation for merely asking for a raise, even where no claim of pay inequity or...more

Venable LLP

Piecing Together an Employment Discrimination Claim: What the Eleventh Circuit’s “Convincing Mosaic” Standard Means for Employers

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A recent decision from the Eleventh Circuit highlights the difficulty employers will have eliminating employment discrimination or retaliation claims before trial in those jurisdictions that apply the "convincing mosaic"...more

Constangy, Brooks, Smith & Prophete, LLP

Blake Lively's Title VII claim didn't "bloom": She wasn't an employee.

Not very sexy, but a dismissal is a dismissal. A federal judge in New York recently dismissed Blake Lively’s federal sexual harassment and retaliation claims against the production entities behind It Ends With Us --...more

TNG Consulting

Where Law Meets Practice: How States Are Redefining K-12 Civil Rights Compliance

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States are increasingly embracing the need to define how K-12 schools must respond to harassment and discrimination complaints based on sex or other protected characteristics. These state mandates often require standardized...more

Offit Kurman

From Allegations to Adjudication! Court Strips Lively–Baldoni Case to a Retaliation Reckoning

Offit Kurman on

The April 2, 2026, decision in the dispute between Blake Lively and Justin Baldoni is best understood as a post discovery narrowing that leaves the case both smaller and more legally coherent....more

Hinckley Allen

Mega-Verdicts as a Wake-Up Call: Why Workplace Investigations Matter

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This year has seen a continuation of a broader trend of substantial jury awards in workplace discrimination and retaliation cases.  For example, in January 2026, a jury in the U.S. District Court for the Northern District of...more

Ice Miller

Why Whistleblower Claims Are Surging and How Employers Can Reduce Retaliation Risk

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Whistleblower complaints are increasing across both the public and private sectors, driven partly by enhanced enforcement activity and financial incentives for individuals who report wrongdoing. Employers should take note of...more

Jackson Lewis P.C.

Performance Management: Employer Strategies as PIPs Come under Scrutiny

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Establishing a claim of unlawful discrimination or retaliation in the workplace requires, among other elements, that an employee show they experienced an “adverse employment action.” Since Muldrow v. City of St. Louis, 601...more

BCLP

Whistleblowing - Who Decides What’s in the Public Interest? Elena Bibescu v Jenners

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This case is both a reminder of the issue of reasonable belief in whistleblowing cases, particularly in relation to the public interest test, and the importance of clear documentation and evidence regarding performance...more

Carlton Fields

Florida Appeals Court Decisions Week of March 23 - 27, 2026

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U.S. Eleventh Circuit Court of Appeals - Joyner v. Atlanta - employment, Title VII, discrimination, retaliation - USA v. Alexander - surgeon, health care kickbacks, venue, evidence, sentencing - Upside Foods v. Fl...more

Sands Anderson PC

Top 10 Takeaways for Employers from Virginia’s 2026 General Assembly Session

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Virginia’s 2026 legislative session brought a familiar refrain: Many of the same employment bills we’ve tracked in the last few years returned for another attempt.  It also delivered some brand new bills that employers should...more

Fisher Phillips

Officials at Public Schools Could Face Individual Liability for Illegal Policies: Takeaways + Action Steps for Your School

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A landmark court ruling puts public school officials and their employees on notice: Enforce a clearly unconstitutional policy, and you may pay for it personally. The US Court of Appeals for the 10th Circuit just ruled that...more

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