News & Analysis as of

Termination › Adverse Action

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

"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

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case

Jackson Lewis P.C. on

Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Constangy, Brooks, Smith & Prophete, LLP on

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

Jackson Lewis P.C.

Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

Jackson Lewis P.C. on

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more

Proskauer - Labor Relations Update

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

Proskauer - Labor Relations Update on

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Hinshaw & Culbertson LLP

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

Hinshaw & Culbertson LLP on

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

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