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Employment Litigation Appeals Adverse Employment Action

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

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In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

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On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Harris Beach Murtha PLLC

SCOTUS Rejects Heightened Standard for Title VII Majority Group

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet...more

Harris Beach Murtha PLLC

How Courts are Applying the “Some Harm” Standard Since Muldrow

More than a year has passed since the U.S. Supreme Court unanimously held in its April 2024 decision in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346, 144 S. Ct. 967, 218 L. Ed. 2d 322 (2024) that employees need only...more

Franczek P.C.

Supreme Court Rules Anti-Discrimination Protections Apply Equally to All

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On June 5, 2025, the Supreme Court held that a plaintiff who is a member of a majority group does not need to meet a more stringent burden of proof in order to prove unlawful employment discrimination under Title VII of the...more

McAfee & Taft

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

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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

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

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Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

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This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

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The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

Gray Reed

Appeals Court Opens Door to More Discrimination Claims

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On August 18, 2023, the Fifth Circuit Court of Appeals, which holds jurisdiction over Texas, Louisiana and Mississippi, abandoned a decades-old interpretation that discrimination must be related to an “ultimate employment...more

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

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

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

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Miles & Stockbridge P.C.

Whistleblowers Don’t Have Super Powers: Whistleblower Protections Don’t Equal Workplace Immunity

Whistleblowers who report perceived illegal activity by an individual, agency, or organization have long been heralded as heroes, serving both the public and private sectors by producing evidence of wrongdoing despite great...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

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The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Littler

New Brunswick, Canada: Appellate Court Finds in Favor of Employee in Wrongful Dismissal Action

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In Abrams v. RTO Asset Management, 2020 NBCA 57 (Abrams), the New Brunswick Court of Appeal considered an employee’s appeal of a decision dismissing his action for damages in lieu of reasonable notice upon his job termination...more

Parker Poe Adams & Bernstein LLP

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more

Fisher Phillips

10th Circuit: ADA Accommodation Claims Do Not Need Adverse Employment Actions To Succeed

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To prove that an employer failed to accommodate an employee’s disability in violation of the Americans With Disabilities Act, an employee alleging disability bias does not need to show that the employer fired them or took a...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

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Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

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Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Robins Kaplan LLP

California Appeals Court Opines on Interplay Between Employment Discrimination Claims and Anti-SLAPP Laws

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A California appellate court last week issued a decision in Wilson v. CNN, applying and interpreting the scope of last year’s Supreme Court ruling in the same case, which had itself resolved a circuit split in the state as to...more

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