News & Analysis as of August 14, 2025

Adverse Employment Action

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

Fisher Phillips on 6/13/2025

A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S....more

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on 12/27/2019

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Some Employment Law and Workplace-Related Thoughts Regarding Boots Riley’s Sorry to Bother You

FordHarrison on 7/17/2018

A couple of weekends ago, I saw Sorry to Bother You, a film written and directed by Boots Riley. The film—Riley’s first—has received much acclaim and currently has a 95% critics’ rating on the website Rotten Tomatoes....more

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Seyfarth Shaw LLP on 5/3/2016

Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA). Employers in the food industry have a new headache to...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on 4/26/2016

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Foley & Lardner LLP on 10/7/2015

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Second Circuit Clarifies Pleading Standard for Title VII Claims

Proskauer - Law and the Workplace on 8/7/2015

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Parker Poe Adams & Bernstein LLP on 8/3/2015

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

New California Law Expands Retaliation Coverage

Fisher Phillips on 7/21/2015

Employees Requesting Accommodation Are Now Protected - On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be...more

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