Employment Litigation, Adverse Employment Action, Employer Responsibilities

Mandatory referral to EAP may be "adverse action," court says

Constangy, Brooks, Smith & Prophete, LLP on 7/25/2025

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on 7/9/2025

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

Bodman on 6/30/2025

In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

Supreme Court Increases Potential Employer Liability Under Title VII’s Discrimination Provisions

Gray Reed on 6/10/2025

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, resolving a long-standing split among federal courts and clarifying the evidentiary standard for Title...more

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on 6/4/2025

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on 5/7/2025

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

Vorys, Sater, Seymour and Pease LLP on 4/30/2025

On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Can you take action against an employee for being a pain in the you-know-what?

Constangy, Brooks, Smith & Prophete, LLP on 4/17/2025

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Employment Litigation › Adverse Employment Action › Employer Responsibilities

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