News & Analysis as of

Termination Employment Litigation Adverse Employment Action

Constangy, Brooks, Smith & Prophete, LLP

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

"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

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Perkins Coie

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

Perkins Coie on

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

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Epstein Becker & Green

First Circuit Upholds Employer’s Win in Retaliation Suit

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On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . ....more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Genova Burns LLC

New Jersey Federal Court Forces a Software Company to Confront the Question at Trial: Did Your Employee Quit or Was He Fired?

Genova Burns LLC on

On May 23, 2019, the New Jersey District Court in Kunal Shah v. Meditab Software, Inc. refused to dismiss the retaliation claim of a software company’s former Chief Executive Officer, even though he notified the company of...more

Troutman Pepper Locke

Inconsistent Factual Accounts Could Support An Inference Of Retaliation

Troutman Pepper Locke on

Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more

Troutman Pepper Locke

Is An “Honest Belief” Of FMLA Misuse Enough For Termination?

Troutman Pepper Locke on

Q.  Can I discharge an employee if I believe that he or she is misusing FMLA? A.  According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an...more

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