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Summary Judgment › Employment Discrimination › Adverse Employment Action

Parker Poe Adams & Bernstein LLP

Fourth Circuit Uses Prior Comments by Non-Decisionmaker to Reverse Dismissal of Discrimination Claim

Parker Poe Adams & Bernstein LLP on

When litigating employment discrimination claims, plaintiffs frequently base their allegations on alleged disparaging comments made by a member of the company’s management. When that manager was the one who made a decision...more

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Robins Kaplan LLP

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

Robins Kaplan LLP on

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

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

Butler Snow LLP on

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more

FordHarrison

Eleventh Circuit Raises Bar for Employers Seeking Summary Judgment in Discrimination Cases

FordHarrison on

On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where...more

Holland & Knight LLP

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

Holland & Knight LLP on

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

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