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Appeals › Employment Litigation › Protected Activity

Constangy, Brooks, Smith & Prophete, LLP

The key to retaliation claims: Timing, timing, timing!

Constangy, Brooks, Smith & Prophete, LLP on

Did I remember to mention "timing"? Retaliation claims have been the hottest at the U.S. Equal Employment Opportunity Commission for many years. Part of that is because every law that the EEOC enforces has an...more

Miller Canfield

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

Miller Canfield on

“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

Bradley Arant Boult Cummings LLP

How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

Bradley Arant Boult Cummings LLP on

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more

Perkins Coie

Arizona Court of Appeals Order Addresses Protected Activity Under the State Employment Protection Act

Perkins Coie on

In a recent decision, the Arizona Court of Appeals considered the claim that an employee was discharged for disclosing allegedly unsafe conditions in violation of the Arizona Employment Protection Act (AEPA), A.R.S. §...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Takes Expansive View of N.C.'s Employment Anti-Retaliation Law

Parker Poe Adams & Bernstein LLP on

North Carolina’s Retaliatory Employment Discrimination Act (REDA) provides employees with legal claims against employers that retaliate against them for engaging in protected actions under state workers’ compensation, wage...more

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

First Circuit Finds No Discrimination or Retaliation in Harvard’s Tenure Decision

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

In Theidon v. Harvard University, No. 18-1279 (January 31, 2020), the U.S. Court of Appeals for the First Circuit affirmed a lower court’s decision granting summary judgment for Harvard University as to a female professor’s...more

BCLP

Request for Accommodation Will Not Support Retaliation Claim Under Missouri Human Rights Act, SCOMO Holds

BCLP on

Under Missouri law, a request for accommodation cannot serve as the basis for a retaliation claim.  Last month, the Supreme Court of Missouri issued a unanimous opinion in Lin v. Ellis, No. SC97641, 2020 WL 203145, at *5, —...more

Polsinelli

Tenth Circuit Confirms that Compliance Employees Must Satisfy Heavier Burden to Obtain FCA Whistleblower Protection

Polsinelli on

On April 30, 2019, the U.S. Court of Appeals for the Tenth Circuit in United State ex rel. Reed v. KeyPoint Government Solutions affirmed the dismissal of an employee’s False Claims Act (FCA) whistleblower retaliation claim....more

Dorsey & Whitney LLP

Fifth Circuit Affirms: Res Judicata Bars FCA Retaliation Suit

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit considered an appeal from the Eastern District of Louisiana, which dismissed appellants’ FCA retaliation claims based on res judicata. Res judicata, or “claim...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on

In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Poyner Spruill LLP

Fourth Circuit Addresses Question of Employer Knowledge in Title VII Retaliation Suit

Poyner Spruill LLP on

Title VII of the Civil Rights Act of 1964 prohibits not only discrimination in employment on the basis of certain protected categories such as race, but also retaliation against an employee who opposes such discrimination....more

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