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Retaliation Termination Hiring & Firing

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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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

Littler

Littler Lightbulb: December Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more

Littler

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

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In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...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

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

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Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Bricker Graydon LLP

Return to Sender - OSHA Obtains Injunction Against Postal Service for Retaliatory Termination of Employees

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On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues X-Treme Tech Services for Sexual Harassment and Retaliation

Federal Agency Charges Company Fired Female Employee After She Resisted Supervisor’s Sexual Advances - THIBODAUX, La. – X-Treme Tech Services, LLC, which provides marine electronic services, violated federal law when a...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Miller Canfield

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

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“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

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Parker Poe Adams & Bernstein LLP

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

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

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Seyfarth Shaw LLP

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

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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

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

Sheppard Mullin Richter & Hampton LLP

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

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Retaliation Claim Based on ‘Personal Gossip'

In Johnson v. Global Language Center, the Fourth Circuit Court of Appeals affirmed a district court's decision to grant summary judgment in favor of an employer in a Title VII retaliation claim, where the “protected activity”...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

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On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Epstein Becker & Green

First Circuit Upholds Employer’s Win in Retaliation Suit

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On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . ....more

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